THE COURT: ALL RIGHT. IN THE WESTERFIELD MATTER THE RECORD WILL REFLECT THE APPEARANCE OF COUNSEL AND MR. WESTERFIELD.
APPARENTLY THERE WAS SOMETHING WE NEEDED TO DISCUSS.

MR. FELDMAN: BRIEFLY. JUST A COUPLE MATTERS, YOUR HONOR.

FIRST OF ALL, WITH REGARD TO YESTERDAY, THERE WAS A SEQUENCE OF TESTIMONY WITH DENISE KEMAL WHERE DENISE KEMAL APPARENTLY TESTIFIED ON DIRECT EXAMINATION THAT SHE CONSTRUED MR. WESTERFIELD AS BEING CREEPY. THERE WAS AN OBJECTION. THE COURT SUSTAINED THE OBJECTION.
AFTER COURT YESTERDAY MY INVESTIGATOR WHO WAS IN THE COURTROOM AT THE TIME ADVISED ME THAT APPARENTLY THE VERY NEXT QUESTION ADDRESSED THE SAME ISSUE. AND THE DEFENSE WASN’T QUICK ENOUGH ON THE TRIGGER TO MAKE THE OBJECTION, AND APPARENTLY AT LEAST IF YOU BELIEVE THE NEWS MEDIA, WHICH I’M NOT CONCEDING AS ACCURATE, AND I HAVE AT PAGE 4020 OF THE TRANSCRIPTS, YOUR HONOR, IS THE I GUESS COLLOQUY OR WHATEVER. THE DEFENSE AT THIS TIME MAKES A MOTION TO STRIKE THAT TESTIMONY NUNC PRO TUNC, RECOGNIZING THAT WE DID NOT APPARENTLY PULL THE TRIGGER QUICK ENOUGH.

MR. BOYCE AND I, NEITHER ONE OF US HEARD THAT STATEMENT. AND I CAN’T THINK OF ANYTHING ELSE TO DO BUT TO ASK YOUR HONOR NUNC PRO TUNC TO ADVISE THE JURY THAT THAT WAS TESTIFIED TO, THAT THEY ARE NOT TO CONSIDER IT FOR ANY PURPOSE, AND THESE ARE ONE OF THE SPECIAL RULES THAT APPLY TO TRIALS.

THE COURT: ALL RIGHT.

MR. DUSEK.

MR. DUSEK: I’M NOT SURE I’VE HEARD OF INSTANT REPLAY IN COURT. I THINK THAT’S KIND OF WHAT WE’RE TALKING ABOUT HERE. OBJECTIONS ARE SUPPOSED TO BE MADE WHEN THEY ARE OCCURRING. AND HAVING NOT BEEN MADE, WE GO ON. I DON’T KNOW WHY THEY DIDN’T MAKE IT. IT WAS CERTAINLY LOUD ENOUGH FOR EVERYONE TO HEAR. I FIGURED IT WAS TACTICAL FOR SOME REASON. I DON’T THINK THERE’S ANY BASIS TO GO BACK AND BRING ATTENTION TO SOMETHING THAT WAS SAID YESTERDAY WHEN SHE’S ALREADY GONE.

THE COURT: I THINK THAT’S THE PRIMARY THING, MR. FELDMAN. IT DRAWS UNDUE ATTENTION TO THE ISSUE THAT THE MEDIA WOULD HAVE PUT IN IRREGARDLESS. I MEAN THERE’S NOTHING THAT PROHIBITED THEM FROM USING THE ANSWER SHE GAVE PRIOR TO THAT, EVEN THOUGH I TOLD THE JURY TO DISREGARD IT. THEY COULD STILL PUBLISH IT. SO AT THIS POINT IN TIME THE REQUEST TO REVISIT THAT WILL BE DENIED. I DON’T, FRANKLY, SEE ANY BENEFIT TO ANYONE TO GET INTO THAT.

NOW, WAS THERE ANY —

MR. FELDMAN: I’M SORRY. IN YESTERDAY’S NEWSPAPER NOW THERE’S ADVERTISEMENTS. AND I WOULD ASK — I KNOW YOUR HONOR HAS BEEN TAKING SOME OF THESE, BUT NOW IT APPEARS AS THOUGH THERE’S ADVERTISEMENTS THAT ARE RUNNING IN THE NEWSPAPER PURPORTING TO INCORPORATE THE JURY, AND I’VE JUST PROVIDED YOUR BAILIFF WITH SUCH. I’M CONCERNED ABOUT THE DELUGE OF MEDIA AND THE INABILITY OF ANY OF US AS HUMAN BEINGS TO ESCAPE WHAT’S HAPPENING TO US.
AND I KNOW THE DEFENSE HAS FILED A REQUEST FOR SEQUESTRATION. I JUST WANT TO BE SURE THAT, ALTHOUGH YOUR HONOR HAS DENIED IT, THAT IT’S AT LEAST THAT ISSUE IS PRESERVED AND THAT RATHER THAN HAVING TO REMAKE IT EVERY TIME THE PRESS DECIDES THERE IS SOMETHING OF CONSEQUENCE THAT YOU JUST TAKE IT AS THOUGH IT’S A GIVEN.

THE COURT: NO. THE MOTION WAS DENIED WITHOUT PREJUDICE SO THAT IT CAN BE REVISITED AT ANY TIME. I DON’T HAVE A PROBLEM KEEPING IT IN THAT STATUS. WHAT YOU HANDED ME IS BASICALLY AN ADVERTISEMENT FOR A RADIO STATION. IT’S ONE OF TWO THAT IS CARRYING IT LIVE, THESE PROCEEDINGS LIVE. THAT’S ALL IT IS. AND IT’S THE SAME THING THAT THE JURY HAS HAD TO DEAL WITH ALL ALONG. SO I DON’T SEE ANY NEED TO MARK THIS FOR THE RECORD.

BUT, YOU KNOW, I’LL REMIND THEM ONCE AGAIN OF THEIR OBLIGATION NOT TO CONSIDER ANY OF THE MEDIA.

MR. FELDMAN: THANK YOU, YOUR HONOR.

JUST AS A MATTER OF SCHEDULING, I HAVE A HEARING THURSDAY AT 9:00 O’CLOCK THAT I WOULD EXPECT WOULD LAST NO LONGER THAN THIRTY MINUTES.

THE COURT: OKAY. THURSDAY WE’RE ALSO — YOU’RE REMINDED WE HAVE A JUROR THAT HAS A DOCTOR’S APPOINTMENT AT 1:00 O’CLOCK, SO WE’RE GOING TO GO UNTIL 12:30 ON THAT DAY AND TAKE LUNCH FROM 12:30 TO 2:00.

MR. FELDMAN: OKAY.

THE COURT: ALL RIGHT. WE WILL START AT 9:30, THEN, ON THURSDAY.

MR. FELDMAN: THANK YOU, YOUR HONOR.

THE COURT: MR. DUSEK, IT’S MY UNDERSTANDING THAT YOU’VE GOT A REQUEST ON BEHALF OF MR. AND MRS. VAN DAM.

MR. DUSEK: YES. IT IS FOLLOWUP TO THE REQUEST WE MADE BEFORE THAT THEY BE ALLOWED TO REMAIN IN THE COURTROOM TO WATCH THE TESTIMONY HENCEFORTH. WE HAVE COMPLETED AT LEAST THIS PART OF THE CASE, THE WITNESSES WHO HAVE THINGS TO SAY CONCERNING WHAT THEY SAID IN THIS CASE. FOR THE NEXT FEW DAYS WE’LL BE GOING INTO POLICE OFFICERS AND CIVILIANS THAT CONTRADICT THE STATEMENTS MADE BY MR. WESTERFIELD. THEY HAVE NO FIRST-HAND KNOWLEDGE OF ANY OF THAT INFORMATION AND WOULD REQUEST THE COURT’S PERMISSION TO BE IN COURT WHEN THAT TESTIMONY IS GIVEN.
WE WILL THEN EVENTUALLY BE GETTING INTO THE FORENSIC EVIDENCE AT THE END OF THE CASE.

THE COURT: ALL RIGHT.

MR. FELDMAN, I CAN TAKE COGNIZANCE OF THE FACT THAT YOU OBJECT. BUT IS THERE ANYTHING ELSE YOU WOULD LIKE TO ADD TO YOUR PREVIOUS OBJECTION?

THE COURT’S PREVIOUS RULING WAS THAT THE WESTERFIELDS COULD NOT BE PRESENT DURING THE TESTIMONY OF —

MR. FELDMAN: YOU MISSPOKE.

THE COURT: OH. — MR. AND MRS. VAN DAM COULD NOT BE PRESENT DURING ANY TESTIMONY OF PERCIPIENT WITNESSES REGARDING EVENTS IMMEDIATELY LEADING UP TO THE DISAPPEARANCE OF THEIR CHILD. THESE WITNESSES APPARENTLY HAVE NO RELATIONSHIP TO THAT TYPE OF EVIDENCE. AS A RESULT, THEY’LL BE PERMITTED TO REMAIN IN THE COURTROOM SUBJECT TO THE SAME RULES AS ANY OTHER MEMBER OF THE PUBLIC.

MR. DUSEK: WE WILL CERTAINLY ALERT COUNSEL AND THE COURT AND THE VAN DAMS WHEN ANY WITNESS COMES IN TO TESTIFY THAT THEY HAVE ANY FIRST-HAND KNOWLEDGE OF.

THE COURT: ALL RIGHT.

ALL RIGHT, MIKE.

MR. DUSEK: BEFORE WE START BRINGING PEOPLE IN, COULD WE KIND OF GET SOME STUFF ORGANIZED HERE?

THE COURT: ALL RIGHT. HOW MUCH TIME DO YOU NEED?

MR. DUSEK: FIVE-TO-TEN-MINUTE RANGE.

THE COURT: ALL RIGHT.

(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
(RECESS, 9:03 O’CLOCK, A.M., TO 9:13 O’CLOCK, A.M.)
THE COURT: GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME BACK.

I GENERALLY LIKE TO START THE DAY ON A LIGHT NOTE BEFORE WE START THE INTENSE WORK THAT AWAITS EACH OF US. BUT TODAY, UNFORTUNATELY, I HAVE TO TALK TO YOU ABOUT SOMETHING SERIOUS, AND, NO, IT HAS NOTHING TO DO WITH THE PADRES’ INABILITY TO PRESERVE A LEAD.

I HAVE GOTTEN AHOLD OF A MEMORANDUM FROM A COUNTY EMPLOYEE THAT RAISES SOME ISSUES THAT MAY BE OF CONCERN TO THE EIGHTEEN OF YOU AS TAXPAYERS AND AS JURORS ON THIS PARTICULAR CASE.

NOW, WHILE I RECOGNIZE THAT THE ENTIRE COUNTRY IS INVOLVED IN WATCHING THIS, THE FACT IS THE EIGHTEEN OF YOU LIVE AND WORK AND PAY TAXES IN THIS COMMUNITY, AND I THINK THESE ARE ISSUES THAT I NEED TO ADDRESS WITH YOU SPECIFICALLY, OTHERWISE I WOULDN’T EVEN BOTHER WITH IT.

TO GIVE YOU THE FLAVOR OF THIS MEMORANDUM, LET ME JUST READ TO YOU THE OPENING PARAGRAPH. “I’M SURE IT HAS COME TO YOUR ATTENTION THAT JUDGE MUDD FROM THE WESTERFIELD TRIAL HAS REALLY STUCK HIS FOOT IN IT. I’VE BEEN TRYING TO LISTEN TO THE TRIAL AS MUCH AS POSSIBLE, AS I’M VERY INTERESTED IN IT.” NOW, THIS IS THE COUNTY EMPLOYEE. “HOWEVER, JUDGE MUDD IS REALLY MAKING A FOUL IMPRESSION ON THE WORLD ABOUT SAN DIEGO COUNTY.” AND SHE EXPRESSES TWO CONCERNS. AND THOSE CONCERNS DEAL WITH BROAD AREAS, SO I’LL COVER THEM AS BEST I CAN.

THE FIRST DEALS WITH THE FACT THAT ON THE FIRST AND SECOND DAY OF THE TRIAL I MADE LIGHT OF THE COUNTY, APPARENTLY OFFENDING THIS JUROR. I TALKED ABOUT THE PENS THAT YOU ALL GOT THAT HAD A FIFTY/FIFTY CHANCE OF HAVING INK IN THEM. I TALKED ABOUT THE CLOCK THAT WAS NOT PROPERLY SET. AND I TALKED ABOUT THE AIR-CONDITIONING AND THE ABILITY TO CONTROL IT IN A BUILDING THAT IS FORTY YEARS OLD. APPARENTLY THIS INDIVIDUAL DID NOT SEE THE SESSION OF COURT WHERE I GAVE KUDOS TO THE BUILDING MAINTENANCE DEPARTMENT FOR SETTING THE CLOCK PROPERLY AND GETTING A NEW BATTERY AND KEEPING IT COOL IN HERE.
I HAVE NOT INTENTIONALLY IN ANY WAY, SHAPE, OR FORM INTENDED TO MAKE LIGHT OF COUNTY GOVERNMENT. HOWEVER, I DO OCCASIONALLY COMMENT ON WHAT THE TRUTH IS. AND THE TRUTH IS THAT THESE BUILDINGS AND PARTICULARLY THIS ONE IS FORTY YEARS OLD AND HAS PROBLEMS. SO ANY OFFENSE THAT YOU MAY HAVE HAD AS A CITIZEN OF OUR COMMUNITY THAT SOMEHOW I AM MAKING LIGHT OF THE COUNTY OF SAN DIEGO, I APOLOGIZE FOR THAT. WILL I NOT DO IT IN THE PAST. NO. I’LL STILL DO IT. BUT THE FACT IS THAT THIS EMPLOYEE TOOK OFFENSE.

NOW, THE SECOND ISSUE IS OF A LITTLE MORE CONCERN. AND THIS EMPLOYEE SPEAKS ABOUT THE FACT THAT I ATTEMPT TO LIGHTEN THE MOOD IN THE COURTROOM BUT THEN GOES ON TO SAY “THERE HAVE BEEN MANY COMPLAINTS FROM MANY SOURCES REGARDING HIS JOKING ATTITUDE AMIDST SUCH A CRUCIAL CASE, ONE WHERE A MAN’S LIFE IS AT STAKE.”
NOW, LADIES AND GENTLEMEN, I HAVE BEEN ASSIGNED TO THIS DEPARTMENT SINCE 1989 WHEN I RETURNED FROM A YEAR AND A HALF WORKING IN OUR NORTH COUNTY DIVISION. I HAVE BEEN DOING EXCLUSIVELY CRIMINAL WORK IN THIS DEPARTMENT SINCE 1989, AND PRIOR TO CONSOLIDATION OF OUR COURTS I DID PRIMARILY VIOLENT CRIME, ROBBERIES, MURDERS, RAPES, THOSE KINDS OF THINGS. ALL OF THOSE CASES BRING ENORMOUS HUMAN EMOTION INTO A COURTROOM. IT IS EMOTIONAL FOR THE VICTIMS, THE VICTIMS’ FAMILIES. IT IS EMOTIONAL FOR THE PEOPLE THAT ARE ACCUSED WITH THE COMMISSION OF CRIMES. BUT MORE IMPORTANT THAN THAT, IT IS EXCEPTIONALLY EMOTIONAL TO PEOPLE SUCH AS YOURSELF WHO WE BRING IN FROM THE COMMUNITY, TAKE AWAY FROM YOUR JOBS AND FAMILY, AND ASK YOU TO MAKE DIFFICULT CALLS IN HIGHLY EMOTIONAL-CHARGED CASES. AND THIS IS SUCH A CASE.

NOW, WHEN I SET OUT ON MY CAREER, ONE OF THE THINGS I DECIDED TO DO AS A JUDGE WAS NOT FOLLOW IN THE FOOTSTEPS OF SOME OF MY COLLEAGUES WHO HAD A MOROSE DEMEANOR ABOUT THEM AND TREATED A COURTROOM LIKE IT WAS A DARK, DANK DUNGEON. WE ARE HUMANS. YESTERDAY YOU SAW HOW A QUESTION AND AN ANSWER CAN BRING LAUGHTER IN A COURTROOM OF GREAT SERIOUSNESS.
WHAT I HAVE HOPEFULLY DONE IS MAKE IT EASIER ON YOU TO COME IN IN THE MORNING AND REALIZE THAT WHAT LIES AHEAD FOR YOU IS A VERY SERIOUS TRIAL. AND I AM NOT MAKING LIGHT OF THIS TRIAL OR THE RIGHTS OF THE INDIVIDUALS INVOLVED. BUT I’M TRYING TO PUT YOU IN THE FRAME OF MIND WHERE YOU CAN SIT BACK AND ABSORB THIS MATERIAL, WORK WITH IT, KNOWING THAT WE’RE ALL HUMANS.
I’VE USED THE PADRES BECAUSE IT’S THE BASEBALL SEASON. IF YOU WERE HERE DURING THE CHARGER SEASON, WE HAD ONE REAL BAD YEAR THERE, TOO. SO I TRY TO JUST GET YOUR DAY STARTED ON A NOTE OF CONFIDENCE AND AN EASY NOTE BEFORE WE SEGUE INTO THE TRIAL.

NOW, WHAT IS ALL THIS GOING TO MEAN TO YOU. WELL, IT’S GOING TO MEAN ONE BIG THING. AT THE END OF THIS TRIAL YOU’RE GOING TO GET A QUESTIONNAIRE. AND I’M GOING TO URGE YOU NOW TO FILL IT OUT. AND YOU CAN LET ME KNOW HOW YOU THINK ABOUT HOW IT WORKS, HOW DID IT MAKE YOU FEEL, DID IT PUT YOU AT EASE, OR WAS IT SOMETHING YOU TOOK OFFENSE TO, BECAUSE THAT’S HOW I LIKE TO REACT, NOT TO WHAT SOME TALKING HEAD IN NEW YORK MIGHT THINK ABOUT MY PRESENTATION OR EVEN WHAT SOME COUNTY EMPLOYEE WHO’S LISTENING TO THIS TRIAL MIGHT THINK ABOUT IT. MY CONCERN IS WITH THE EIGHTEEN OF YOU AND WHETHER OR NOT WE PUT THIS IN AN ATMOSPHERE AND A WAY IN WHICH YOU CAN DO YOUR JOB WITHOUT GOING HOME AT NIGHT A BASKET CASE. THAT’S BASICALLY WHAT WE’RE TRYING TO AVOID. SO AT THE END OF THE TRIAL, WHEN THIS IS ALL OVER, YOU CAN LET ME KNOW IF I’VE BEEN SUCCESSFUL OR NOT WITH YOU.

ALL RIGHT. MR. DUSEK. CALL YOUR NEXT WITNESS, PLEASE.

MR. DUSEK: DETECTIVE JOHNNY KEENE.

JOHNNY F. KEENE,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:

THE CLERK: SIR, PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.

THE WITNESS: JOHNNY F. KEENE. SPELLED K-E-E-N-E.

DIRECT EXAMINATION
BY MR. DUSEK:

Q: HOW ARE YOU EMPLOYED, SIR?

A: I’M EMPLOYED BY THE CITY OF SAN DIEGO AS A DETECTIVE.

Q: HOW LONG HAVE YOU BEEN WITH THE POLICE DEPARTMENT?

A: SIXTEEN YEARS.

Q: HOW LONG HAVE YOU BEEN A DETECTIVE?

A: SIX YEARS.

Q: WHERE ARE YOU CURRENTLY ASSIGNED?

A: I’M CURRENTLY ASSIGNED TO THE ROBBERY UNIT OF THE SAN DIEGO POLICE DEPARTMENT.

Q: AND HOW LONG HAVE YOU BEEN ASSIGNED TO ROBBERY?

A: THREE AND A HALF YEARS.

Q: ASIDE FROM ROBBERY, WHAT DO YOU DO IN THAT ASSIGNMENT?

A: IN THAT ASSIGNMENT WE WORK COMMERCIAL ROBBERIES, KIDNAPPINGS, CARJACKINGS, AND EXTORTIONS.

Q: I WOULD LIKE TO DIRECT YOUR ATTENTION BACK TO FEBRUARY OF THIS YEAR. WERE YOU AND OTHER INDIVIDUALS IN YOUR ASSIGNMENT ASSIGNED TO ASSIST IN THE DANIELLE VAN DAM CASE?

A: YES, WE WERE.

Q: WHEN DID YOU FIRST GET THE ASSIGNMENT?

A: MY PAGER WENT OFF AT 5:59 A.M. ON SUNDAY MORNING, THE 3RD.

Q: THAT WOULD BE FEBRUARY 3RD?

A: THAT WOULD BE FEBRUARY 3RD.

Q: I ASSUME YOU WERE NOT AT WORK AT THAT TIME.

A: I WAS NOT AT WORK.

Q: HAD YOU BEEN INVOLVED IN ANY OF THE INVESTIGATION OR WORK ON THIS CASE UP ‘TIL THAT TIME?

A: NO.

Q: ONCE YOU GOT YOUR PAGE, WHAT DID YOU DO?

A: GOT UP, GOT DRESSED, AND RESPONDED TO THE COMMAND POST. I THINK I ARRIVED THERE APPROXIMATELY 6:45 TO 7:00 O’CLOCK IN THE MORNING.

Q: WHAT’S THE COMMAND POST?

A: IT WAS A MOTOR HOME THAT IS — THAT THE POLICE DEPARTMENT OWNS. IT’S SET UP FOR CRITICAL INCIDENTS. IT CAN BE PARKED NEAR THE SCENE OF THE INCIDENT. IT’S USED FOR MEETINGS, FOR OFFICERS WRITING REPORTS, THAT TYPE OF THING.

Q: WHERE WAS IT?

A: IT WAS PARKED IN THE TWELVE-THOUSAND BLOCK OF MOUNTAIN PASS ROAD. PROBABLY FOUR OR FIVE HOUSES EAST OF THE VAN DAM RESIDENCE.

Q: DID ANYONE THERE — REPORT THERE WITH YOU?

A: YES.

Q: DID YOU HAVE A PARTNER?

A: YES.

Q: WHO WAS THAT?

A: DETECTIVE MO PARGA.

Q: THAT’S A FEMALE?

A: YES.

Q: ONCE YOU ARRIVED AT THE COMMAND POST, WHAT WERE YOU ASKED TO DO OR TOLD TO DO?

A: MY FIRST ASSIGNMENT WAS ALONG WITH DETECTIVE PARGA TO CONTACT EACH OF THE IMMEDIATE RESIDENTS IN THAT BLOCK, GET NAMES, ADDRESSES, PHONE NUMBERS, AND A BRIEF STATEMENT FROM THEM WHERE THEY WERE OVER THE WEEKEND AND WHAT, IF ANYTHING, THEY SAW OR HEARD.

Q: LET ME SHOW YOU WHAT WE’VE PREVIOUSLY MARKED AS COURT’S EXHIBIT 1, THIS PHOTO DISPLAY BOARD LABELED AT THE TOP “NEIGHBORHOOD AERIALS.” DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, DETECTIVE?

Q: THE AREA WHERE THE COMMAND POST WAS SET UP, IS THAT VISIBLE IN ANY OF THOSE PHOTOGRAPHS?

A: WELL, IN PHOTOGRAPH A IT’S VISIBLE, YES.

Q: WHERE WOULD THAT BE? IS THERE A POINTER THERE FOR YOU?

A: YES, THERE IS. THIS IS MOUNTAIN PASS. THIS CROSS-STREET IS BRIARLEAF. AND THE MOTOR HOME, THE COMMAND POST, WAS SET UP RIGHT ABOUT WHERE THE POINTER’S AT ON THE NORTH SIDE OF MOUNTAIN PASS, EAST OF THE VAN DAM RESIDENCE.

Q: ALL RIGHT.

AND YOU’VE INDICATED MOUNTAIN PASS IS THE STREET RUNNING FROM BOTTOM TO TOP IN PHOTOGRAPH A.

A: CORRECT. IT ACTUALLY RUNS EAST-WEST.

Q: AND BRIARLEAF WAS ABOUT HALFWAY UP THE PHOTOGRAPH AND GOES ACROSS MOUNTAIN PASS?

A: CORRECT. IT’S A NORTH-SOUTH STREET.

Q: SO AS WE LOOK AT THE PHOTOGRAPH, THE COMMAND POST WOULD HAVE BEEN PAST THE VAN DAM RESIDENCE.

A: THAT IS CORRECT.

Q: WHERE DID YOU LOOK ONCE YOU GOT YOUR ASSIGNMENT?

A: ONCE WE, MYSELF AND DETECTIVE PARGA, GOT OUR ASSIGNMENTS, WE STARTED AT THE VERY FIRST HOUSE ON THE SOUTHEAST CORNER OF MOUNTAIN PASS AND BRIARLEAF AND WORKED OUR WAY EAST ON THE SOUTH SIDE OF THE STREET, THEN CROSSED OVER TO THE NORTH SIDE OF THE STREET, THEN WORKED OUR WAY BACK WEST.

Q: DESCRIBE WHAT YOU DID WHEN YOU WENT TO THOSE HOUSES.

A: AT EACH OF THE HOUSES WE KNOCKED ON THE DOOR. IF A RESIDENT ANSWERED THE DOOR, WE IDENTIFIED OURSELVES, TOLD THEM THAT WE WERE INVESTIGATING THE MISSING CHILD, AND ASKED IF WE COULD SPEAK WITH THEM. WE TOOK DOWN THEIR NAMES, ADDRESSES, PHONE NUMBERS, ANY PERSONAL INFORMATION THEY COULD GIVE US, AND THEN ASKED WHAT, IF ANYTHING, THEY SAW OR HEARD OVER THE WEEKEND.

Q: WERE YOU AND DETECTIVE PARGA THE ONLY DETECTIVES DOING THIS?

A: AT THAT TIME, YES.

Q: EVENTUALLY DID OTHERS GET INVOLVED?

A: I BELIEVE SO, YES.

Q: DO YOU KNOW HOW MANY PEOPLE WERE CANVASSING THE NEIGHBORHOOD?

A: NO, I DON’T.

Q: ABOUT HOW MANY HOUSES DID YOU GO TO?

A: APPROXIMATELY TEN, I BELIEVE. TEN OR TWELVE, SOMEWHERE AROUND THERE.

Q: DID YOU COME TO KNOW THE NAME DAVID WESTERFIELD?

A: YES.

Q: DID YOU KNOW WHERE HE LIVED OR WERE YOU ADVISED WHERE HE LIVED?

A: I WAS ADVISED, YES.

Q: AND WHERE WERE YOU ADVISED THAT HE LIVED?

A: I WAS ADVISED THAT HE LIVED AT THE CORNER HOUSE. IT WOULD HAVE BEEN THE SOUTHWEST CORNER HOUSE OF BRIARLEAF AND MOUNTAIN PASS.

Q: HOW FAR FROM THE VAN DAMS’?

A: TWO HOUSES TO THE WEST.

Q: WHEN YOU MADE YOUR CANVASS THROUGH THE NEIGHBORHOOD, DID YOU GO TO HIS HOUSE?

A: YES.

Q: WHAT HAPPENED THERE?

A: WE KNOCKED ON THE DOOR. THERE WAS NO ANSWER.

Q: WHAT DID YOU DO ONCE YOU FINISHED THE CANVASS?

A: ONCE WE FINISHED THE CANVASS, WE REPORTED BACK TO THE COMMAND POST. WE ALSO MADE MENTION THAT WE HAD SEEN SEVERAL MANHOLE COVERS ON EACH CORNER OF THE STREET. WE WERE THEN ASKED TO LIFT THE MANHOLE COVERS AND CHECK INTO THE SEWER DRAINS.

Q: WHO HAD TO DO THAT?

A: I DID.

Q: AND WHEN YOU SAY LIFT THEM AND CHECK, WHAT DID YOU ACTUALLY DO?

A: WELL, DETECTIVE PARGA HELPED LIFT THE LIDS, BUT I CRAWLED DOWN INTO EACH ONE OF THE SEWER DRAINS. AND EACH DRAIN AS IT GOES DOWN HAS AN OFFSHOOT IN A — I THINK THEY ALL WENT BACK TOWARDS THE CENTER OF THE STREET TO THE MAIN SEWER DRAIN. SO I CRAWLED TO THE BOTTOM OF EACH DRAIN AND CHECKED THE OFFSHOOTS WITH MY FLASHLIGHT.

Q: DID YOU FIND ANYTHING?

A: NO.

Q: HOW LONG DID THAT TAKE?

A: PROBABLY FIVE OR SIX MINUTES PER CORNER, AND WE DID ALL FOUR CORNERS.

Q: AFTER THAT WHAT DID YOU DO?

A: REPORTED BACK TO THE COMMAND POST.

Q: WHERE WAS YOUR NEXT ASSIGNMENT?

A: I DON’T BELIEVE WE HAD ANOTHER ASSIGNMENT AT THAT POINT. WE JUST KIND OF STAYED AT THE COMMAND POST.

Q: WHAT WAS THE NEXT THING THAT YOU EVENTUALLY DID THAT DAY?

A: I DON’T RECALL DOING ANYTHING MORE THAT DAY OTHER THAN JUST STAYING AT THE COMMAND POST.

Q: WERE OTHER PEOPLE LOOKING FOR DANIELLE?

A: YES.

Q: HOW?

A: I KNOW THAT DETECTIVE PARGA HAD CONTACTED THE CHULA VISTA MOUNTED POLICE UNIT, AND WE HAD THEM COME OUT AND GAVE THEM SPECIFIC AREAS TO SEARCH ON HORSEBACK. I KNOW THAT OTHER OFFICERS WERE SEARCHING THE AREA, NOT JUST THAT AREA, BUT THE COMMERCIAL AREA AROUND POWAY.

A: I DON’T KNOW.Q: THE AREAS THAT WERE BEING SEARCHED ON HORSEBACK, WHAT TYPE OF AREAS WERE THEY?

A: CANYON AREAS WITHIN THE NEIGHBORHOOD AREA.

Q: DID YOU DO ANYTHING ELSE THAT DAY?

A: NO.

Q: ABOUT WHAT TIME DID YOU GO HOME, DETECTIVE?

A: I THINK I STAYED ‘TIL ABOUT MIDNIGHT.

Q: WHEN DID YOU NEXT RESPOND AND DO SOMETHING ON THIS CASE?

A: ON MONDAY MORNING, THE 4TH, THE COMMAND POST HAD BEEN MOVED. ACTUALLY I TAKE THAT BACK. THE MOTOR HOME ITSELF STAYED IN THE NEIGHBORHOOD, BUT WE HAD MOVED THE ACTUAL COMMAND POST BACK TO THE NORTHEASTERN POLICE SUBSTATION. AND I RESPONDED THERE APPROXIMATELY 9:00 A.M. THE NEXT MORNING.

Q: WHERE IS THE NORTHEASTERN PATROL STATION?

A: THE EXACT ADDRESS I COULDN’T TELL YOU. IT’S ON SALMON RIVER ROAD.

Q: WHAT COMMUNITY?

A: IT’S IN THE PENASQUITOS COMMUNITY.

Q: ABOUT HOW FAR AWAY?

A: PROBABLY THREE MILES.

Q: AND WHAT TIME DID YOU RESPOND OVER THERE?

A: 9:00 O’CLOCK.

Q: WAS THAT BECAUSE THAT’S WHEN YOU’RE SUPPOSED TO SHOW UP?

A: YES. THAT’S WHAT TIME I’M SUPPOSED TO SHOW UP.

Q: WHAT HAPPENED WHEN YOU GOT THERE?

A: WHEN I FIRST ARRIVED AT THE COMMAND, AT THE NORTHEASTERN SUBSTATION, I WAS PROBABLY THERE FOR ABOUT TEN MINUTES, TEN, FIFTEEN MINUTES. AND THEN I WAS ASKED TO RESPOND BACK TO THE SABRE SPRINGS NEIGHBORHOOD. I WAS TOLD THAT MEMBERS OF OUR SPECIAL INVESTIGATIONS UNIT WAS TALKING WITH MR. WESTERFIELD IN HIS DRIVEWAY.

Q: AND YOU WERE SUPPOSED TO DO WHAT?

A: JUST TALK TO HIM LIKE I HAD THE REST OF THE NEIGHBORHOOD, ASK HIM WHERE HE, YOU KNOW, WHERE HE WAS FOR THE WEEKEND, HAD HE SEEN OR HEARD ANYTHING.

Q: WHERE DID YOU GO?

A: I WENT DIRECTLY TO HIS HOUSE.Q: WHEN YOU GOT THERE, WHAT DID YOU SEE?

A: WHEN I FIRST ARRIVED, I SAW SERGEANT JOHN WRAY, AND HIS LAST NAME IS SPELLED W-R-A-Y, AND DETECTIVE MARK TALLMAN TALKING WITH WHO I LATER FOUND OUT TO BE MR. WESTERFIELD IN HIS DRIVEWAY.

Q: DO YOU SEE MR. WESTERFIELD IN COURT TODAY?

A: YES, I DO.

Q: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.A: HE’S SITTING AT THE DEFENDANT’S TABLE WEARING A GRAY JACKET, A WHITE SHIRT, AND KIND OF A BURGUNDY-COLORED TIE.

THE COURT: THE RECORD WILL REFLECT IDENTIFICATION.
BY MR. DUSEK:

Q: WHERE WERE THEY LOCATED?

A: THEY WERE STANDING ABOUT CENTER OF THE DRIVEWAY AT HIS RESIDENCE.

Q: WAS DETECTIVE PARGA WITH YOU AT THAT TIME?

A: AT THAT TIME, NO.

Q: WHY NOT?

A: SHE WAS STILL EN ROUTE TO THE NORTHEASTERN SUBSTATION. AS I LEFT THE SUBSTATION, I GOT HER ON THE RADIO AND TOLD HER TO MEET ME THERE.

Q: DID SHE EVENTUALLY ARRIVE?

A: YES, SHE DID.

Q: ABOUT HOW MUCH AFTER YOU?

A: PROBABLY THIRTY SECONDS AFTER I ARRIVED.

Q: WHAT DID YOU DO ONCE YOU ARRIVED AT THE AREA IN SABRE SPRINGS?

A: WHEN I EXITED MY VEHICLE, I WALKED UP TO THE DRIVEWAY, AND SERGEANT WRAY INTRODUCED ME TO MR. WESTERFIELD.

Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 28, THIS PHOTO DISPLAY BOARD LABELED AT THE TOP “WESTERFIELD RESIDENCE EXTERIOR.” DO YOU SEE WHAT WE HAVE DEPICTED THERE, DETECTIVE?

A: YES, I DO.

Q: PHOTOGRAPH A AND B, WHAT ARE THEY SHOWING US?

A: PHOTOGRAPH A SHOWS THE FRONT OF MR. WESTERFIELD’S RESIDENCE. PHOTOGRAPH B IS ALSO THE FRONT OF HIS RESIDENCE. IT APPEARS TO BE TAKEN FROM BRIARLEAF SHOWING THE FRONT AND EAST SIDE OF THE RESIDENCE.

Q: PHOTOGRAPH A APPEARS TO HAVE SOME YELLOW TAPE AND A POLICE OFFICER AND HIS MOTORCYCLE IN THAT PHOTOGRAPH. WERE THEY THERE WHEN YOU FIRST ARRIVED?

A: NO.

Q: AND DO YOU SEE THE APPROXIMATE LOCATION WHERE MR. WESTERFIELD WAS WITH SERGEANT WRAY?

A: YES.

Q: CAN YOU POINT THAT OUT FOR US AND DESCRIBE IT.

A: IT WOULD ACTUALLY — THEY WERE STANDING ACTUALLY ABOUT WHERE YOU WOULD SEE THE FAIRING OF THE POLICE MOTORCYCLE. OBVIOUSLY NOT IN THE STREET; IT WAS RIGHT ABOUT THAT POINT IN THE DRIVEWAY.

Q: COULD YOU TAKE A BLACK FELT PEN AND PUT AN X AT THAT LOCATION FOR US.

A: SURE.

(THE WITNESS COMPLIED.)Q: ALL RIGHT. YOU’VE DONE THAT IN PHOTOGRAPH A ON 28. THANK YOU, SIR.

ABOUT WHAT TIME DO YOU THINK IT WAS WHEN YOU MADE CONTACT WITH THE DEFENDANT?

A: APPROXIMATELY 9:20, 9:25 MONDAY MORNING.

Q: DO YOU REMEMBER HOW HE WAS DRESSED?

A: YES.

Q: HOW?

A: HE WAS WEARING A GRAY KIND OF A KNIT SHIRT. IT WAS LONG-SLEEVE. IT HAD THE THREE BUTTONS THAT START AT MID CHEST AND GO UP, BUT IT DID NOT HAVE A COLLAR. HE WAS WEARING FADED BLUEJEANS AND A KIND OF A BASKET-WEAVE TYPE OF SLIP-ON SHOE.

Q: HOW WERE YOU DRESSED?

A: I WAS WEARING A POLO SHIRT, BLUEJEANS, TENNIS SHOES, AND I HAD A JACKET ON.

Q: WHY A JACKET?

A: IT WAS A COOL MORNING. IT WAS APPROXIMATELY 50, 55 DEGREES.

Q: WHAT DID YOU FIRST DO WHEN YOU CONTACTED THE DEFENDANT?

A: EXPLAINED TO HIM WHY WE WERE THERE, THAT WE HAD SPOKEN WITH EACH OF THE PREVIOUS NEIGHBORS THE DAY BEFORE, AND THAT HE HAD NOT BEEN HOME, SO WE WISHED TO TALK TO HIM ALSO.

Q: WHAT WAS HIS RESPONSE OR ATTITUDE?

A: HE SAID HE HAD NO PROBLEM AT ALL TALKING TO US.

Q: YOU WERE NOT IN UNIFORM?

A: NO.

Q: HOW ABOUT SERGEANT WRAY, WAS HE IN UNIFORM?

A: NO.

Q: DID YOU HAVE YOUR GUN OUT?

A: IT WAS ON MY SIDE, BUT IT WAS COVERED BY MY JACKET.

Q: HOW ABOUT A BADGE?

A: I DON’T RECALL HAVING IT DISPLAYED.

Q: WHEN YOU ASKED THE DEFENDANT IF YOU COULD SPEAK WITH HIM, WAS HE WILLING?

A: YES.

Q: SO WHAT DID YOU DO?

A: I ASKED HIM IF WE COULD WALK UP TOWARDS HIS FRONT PORCH.Q: WHY DID YOU WANT TO DO THAT?

A: IT WAS IN A SHADED AREA. AND IT WAS OUT OF THE DRIVEWAY WHERE — I MEAN SERGEANT WRAY AND DETECTIVE TALLMAN WERE STANDING IN THE DRIVEWAY. SO WE WALKED UP TO THE FRONT PORCH WHERE JUST HE AND DETECTIVE PARGA AND I TALKED TO HIM.

Q: HOW DID THE CONVERSATION GET STARTED?

A: I AGAIN EXPLAINED TO HIM THAT WE WERE INVESTIGATING THE DISAPPEARANCE OF DANIELLE VAN DAM AND THAT WE HAD SPOKEN WITH EACH OF THE OTHER NEIGHBORS AND THAT HE HADN’T BEEN HOME THE PREVIOUS DAY. SO I NOW WANTED TO TALK TO HIM AND JUST FIND OUT WHERE HE WAS OVER THE WEEKEND.

Q: WHAT WAS THE SEQUENCE OF EVENTS THAT HE DESCRIBED FOR YOU?

A: HE STARTED WITH SATURDAY MORNING. HE TOLD ME WHERE HE HAD BEEN.

MR. FELDMAN: OBJECTION. CALLS FOR A NARRATIVE.
THE COURT: OVERRULED AT THIS POINT IN TIME.

YOU MAY ANSWER.

THE WITNESS: HE STARTED WITH SATURDAY MORNING. HE TOLD ME WHERE HE HAD BEEN THROUGH THE WEEKEND. AND THEN ONCE HE FINISHED THE WEEKEND, HE WENT BACK AND TOLD ME WHAT HE HAD DONE FRIDAY NIGHT.
BY MR. DUSEK:

Q: SO HE TOLD YOU WHERE HE HAD BEEN SATURDAY, ON FEBRUARY 2ND?

A: THAT WOULD BE CORRECT.

Q: WHAT DID HE FIRST TELL YOU ABOUT HIS ACTIVITIES THAT WEEKEND?

A: HE TOLD ME THAT HE WOKE UP SATURDAY MORNING AT APPROXIMATELY 6:30, THAT HE TOOK A SHOWER, AND THEN HE THOUGHT HE LEFT HIS HOUSE AROUND 7:45.

MR. FELDMAN: EXCUSE ME, YOUR HONOR. I’M SORRY. I DON’T MEAN TO INTERRUPT. BUT JUST FOR THE RECORD I THINK WE NEED TO HAVE AN ONGOING OBJECTION TO THE STATEMENT.

THE COURT: ALL RIGHT. IT WILL BE DULY NOTED. ON THE BASIS OF PRIOR RULINGS OF THE COURT, OVERRULED.

MR. FELDMAN: THANK YOU, YOUR HONOR.
BY MR. DUSEK:

Q: AT 7:30 WHAT DID HE SAY HE DID?

A: WELL, HE SAID HE LEFT HIS HOUSE AROUND 7:45 AND DROVE TO WHAT HE REFERRED TO AS HIGH VALLEY TO GET HIS MOTOR HOME.

Q: DID YOU KNOW WHERE HIGH VALLEY WAS?

A: AT THAT TIME, NO.

Q: DO YOU KNOW WHERE IT IS NOW?

A: YES.

Q: WHERE IS IT?

A: IT’S KIND OF NORTHEAST POWAY.

Q: ALL RIGHT.

ABOUT HOW FAR AWAY?

A: EIGHT AND A HALF MILES APPROXIMATELY.

Q: HAVE YOU MEASURED IT?

A: YES.

Q: DID HE SAY WHY HE WAS GOING TO GET THE MOTOR HOME?

A: HE SAID THAT HE HAD DECIDED THAT MORNING TO GO TO THE DESERT.

Q: HOW MUCH PLANNING DID HE SAY HE PUT INTO THAT DECISION?

A: HE DIDN’T REALLY TALK ABOUT HOW MUCH PLANNING. HE JUST SAID THAT MORNING HE HAD DECIDED TO GO TO THE DESERT.

Q: AND HE TOLD YOU WHERE HIS MOTOR HOME WAS STORED?

A: YES.

Q: DID HE DESCRIBE THE AREA OF THE MOTOR HOME?

A: AT THAT TIME, NO.

Q: DID HE SAY HOW HE GOT TO THE MOTOR HOME?

A: HE SAID HE DROVE HIS BLACK 4RUNNER.Q: DID HE GO WITH ANYBODY ACCORDING TO HIM?

A: NO.

Q: ONCE HE GOT TO THE MOTOR HOME UP IN HIGH VALLEY YOU’RE CALLING IT, —

A: HIGH VALLEY.

Q: — WHAT DID HE SAY HAPPENED UP THERE?

A: HE SAID ONCE HE GOT TO THE MOTOR HOME IN HIGH VALLEY, HE REMOVED A BOX FROM HIS 4RUNNER THAT CONTAINED EATING UTENSILS, THINGS THAT HE SAID HE STORED IN HIS MOTOR HOME USUALLY. HE PUT THEM IN THE MOTOR HOME, PARKED HIS 4RUNNER AT THE SAME LOCATION, AND THEN DROVE HIS MOTOR HOME BACK TO HIS RESIDENCE ON MOUNTAIN PASS.

Q: DID HE SAY WHAT TYPE OF PLACE IT WAS UP THERE OR HOW IT WAS THAT HE WAS STORING HIS MOTOR HOME THERE?

A: HE DIDN’T SAY WHAT TYPE OF PLACE. HE JUST — HE MENTIONED THAT HE HAD BEEN TALKING TO A FRIEND ONCE ABOUT HAVING TO MOVE HIS MOTOR HOME BECAUSE THE CITY OF POWAY WAS DOING SOMETHING WITH THE PLACE THAT HE HAD ORIGINALLY STORED IT, AND THAT HIS FRIEND SAID, WELL, HEY, MY DAD’S GOT ROOM AT HIS RESIDENCE, LET ME ASK HIM, AND THAT HE EVENTUALLY PARKED HIS MOTOR HOME AT THAT LOCATION.

Q: DID HE INDICATE TO YOU HOW LONG HE’D BEEN STORING THE MOTOR HOME THERE?

A: I DON’T RECALL HIM INDICATING IT AT THAT POINT, NO.

Q: ONCE HE COMPLETED HIS TASKS AT THE MOTOR HOME, DID HE SAY WHAT HE DID?

A: HE SAID HE DROVE BACK TO HIS HOME ON MOUNTAIN PASS.

Q: IN WHAT VEHICLE?

A: IN THE MOTOR HOME.

Q: AND WHAT HAPPENED TO THE S.U.V.?

A: HE LEFT IT PARKED AT HIGH VALLEY.Q: DID HE TELL YOU WHAT HE DID ONCE HE RETURNED TO HIS HOME IN THE MOTOR HOME?

A: HE SAID THAT HE, THE WAY HE PUT IT, HE STOCKED THE MOTOR HOME WITH GROCERIES, AND HE FILLED THE WATER TANK IN THE MOTOR HOME WITH HIS HOSE, AND THEN HE LEFT HIS HOUSE.

Q: DID HE SAY WHICH HOSE?

A: HE NOTED THE GARDEN HOSE THAT IS LOCATED ON THE — ON THE EAST GARAGE WALL APPROXIMATELY TEN FEET OUT FROM HIS FRONT DOOR.

Q: DID YOU NOTICE ANYTHING ABOUT THAT GARDEN HOSE?

A: YES, I DID.

Q: WHEN DID YOU FIRST NOTICE THAT?

A: ACTUALLY FIRST NOTICED IT ON SUNDAY, WHEN DETECTIVE PARGA AND I WAS AT HIS HOUSE. AND IT WAS IN THE SAME CONDITION ON MONDAY MORNING WHILE WE WERE TALKING TO HIM.

Q: WHAT DO YOU MEAN BY THAT?

A: IT WAS STRETCHED OUT TO THE SIDEWALK OF BRIARLEAF AND THEN JUST TOSSED, DOUBLED BACK UP INTO THE YARD.

Q: WHAT WAS UNUSUAL ABOUT THAT?A: ONCE WE HAD GONE INTO HIS HOME, HIS HOME WAS IMMACULATE. EVERYTHING APPEARED TO BE IN ITS PLACE. YOU KNOW, THERE WEREN’T DIRTY DISHES LAYING AROUND, WEREN’T DIRTY CLOTHES LAYING AROUND. EVERYTHING WAS IMMACULATE. AND IT JUST SEEMED ODD THAT HIS GARDEN HOSE WAS JUST TOSSED IN THE YARD RATHER THAN BEING ROLLED, BECAUSE IT WAS ATTACHED TO A REEL, AND IT WAS NOT ROLLED BACK UP.

A: THE HOSE IS JUST AS WE SAW IT BOTH SUNDAY AND MONDAY. IT IS STRETCHED OUT ACROSS THE LAWN TOWARDS THE SIDEWALK AND THEN JUST THROWN, DOUBLED BACK UP IN THE YARD.

Q: I’M SORRY. DID HE TELL YOU ABOUT WHAT TIME HE GOT BACK TO HIS HOUSE FROM HIGH VALLEY?

A: HE SAID THAT HE DIDN’T PAY MUCH ATTENTION TO THE TIME. HE NOTED THE TIME AROUND 7:45 WHEN HE LEFT HIS HOUSE GOING TO HIGH VALLEY. HE SAID HE DIDN’T PAY A WHOLE LOT OF ATTENTION TO THE TIME UNTIL HE LEFT HIS HOUSE THE SECOND TIME WITH THE MOTOR HOME, AND HE NOTED THAT TIME TO BE ABOUT 9:50 IN THE MORNING.

Q: 9:50 A.M.?

A: 9:50 A.M.

Q: AT THAT POINT WHAT WAS THE NEXT TOPIC THAT YOU COVERED?

A: WELL, HE CONTINUED GOING THROUGH THE WEEKEND, WHAT HE HAD DONE THAT WEEKEND.

Q: DID HE TELL YOU WHERE HE WENT OR INTENDED TO GO FROM THE HOUSE IN THE MOTOR HOME?

A: HE TOLD ME WHERE HE WENT FROM THAT POINT.

Q: WHAT DID HE TELL YOU THE NEXT PART OF THE TRIP?

A: HE SAID THAT WHEN HE LEFT HIS HOUSE THAT MORNING AT 9:50, HE WAS DRIVING THE MOTOR HOME AND THAT HE WENT TO THE SILVER STRAND IN CORONADO.

Q: DID HE SAY WHETHER OR NOT HE INTENDED TO GO THERE WHEN HE LEFT HIS HOUSE?

A: WELL, HE HAD ORIGINALLY TOLD ME THAT HE INTENDED TO GO TO THE DESERT. AND WHEN HE MENTIONED THAT HE WENT TO THE SILVER STRAND, HE STATED THAT ONCE HE HAD HIS MOTOR HOME, HE REALIZED HE DIDN’T HAVE HIS WALLET AND, THEREFORE, HE DIDN’T HAVE ENOUGH MONEY TO GO ANYWHERE BUT THE STRAND.

Q: DID HE SAY WHY HE DIDN’T COME HOME TO GET THE WALLET?

A: NO, HE DIDN’T.

Q: DO YOU KNOW WHERE THE SILVER STRAND IS?

A: YES.

Q: WHERE IS IT?

A: IT’S A STRAND OF BEACH THAT RUNS BETWEEN CORONADO AND IMPERIAL BEACH.

Q: LET ME SHOW YOU WHAT WE’VE HAD MARKED AS COURT’S EXHIBIT 40, THIS MAP IT LOOKS LIKE OF THE SAN DIEGO REGION. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, DETECTIVE?

Q: AND WE’VE ALREADY IDENTIFIED SOME OF THE SPOTS THAT WE’VE REFERRED TO EARLIER. DO YOU SEE THE APPROXIMATE LOCATION WHERE THE WESTERFIELD RESIDENCE WAS?

A: YES, I DO.

Q: IS THAT IDENTIFIED IN SOME WAY?

A: YES, IT IS.

Q: SHOW US WHERE.

A: IT’S IDENTIFIED WITH A BLACK DOT AND OUT THE SIDE THE ADDRESS 11995 MOUNTAIN PASS ROAD.

Q: THERE APPEAR TO BE SOME DARK LINES WHICH APPARENTLY ARE ROADS IN THAT AREA. WHAT ARE THOSE ROADS?

A: THOSE APPEAR TO BE FREEWAYS.

Q: WHICH FREEWAY?

A: CLOSEST TO MOUNTAIN PASS IS INTERSTATE 15. IT INTERSECTS SOUTH OF THERE WITH INTERSTATE 805. BOTH NORTH-AND- SOUTH FREEWAYS. ALSO INTERSTATE 5, NORTH-AND-SOUTH FREEWAY. INTERSTATE 8 IS AN EAST-WEST FREEWAY. AND HIGHWAYS 52 AND 94 AND ALSO HIGHWAY 52 ARE ALSO NOTED ON THE MAP.

Q: FROM MR. WESTERFIELD’S RESIDENCE, WHAT IS THE MOST DIRECT ROUTE TO INTERSTATE 15?

A: THE MOST DIRECT ROUTE I WOULD SAY WOULD BE SOUTH ON INTERSTATE 15.

Q: TO GET TO 15 FROM HIS HOUSE.

A: TO GET TO 15, YOU TAKE I BELIEVE MOUNTAIN PASS BACK TO WHAT I BELIEVE IS SPRINGHURST, NORTH ON SPRINGHURST TO POWAY ROAD, WEST ON POWAY ROAD TO INTERSTATE 15, SOUTH ON INTERSTATE 15. IT WOULD CONNECT WITH HIGHWAY 163 GOING SOUTH. HIGHWAY 163 WOULD THEN DUMP OFF INTO INTERSTATE 5. HE COULD THEN EITHER TAKE INTERSTATE 5 TO THE CORONADO BRIDGE AND GO THROUGH CORONADO OR CONTINUE SOUTH ON INTERSTATE 5 TO IMPERIAL BEACH, GET OFF ON PALM AVENUE, TAKE PALM AVENUE WEST, AND IT CURVES AROUND INTO THE SILVER STRAND.

Q: DID HE TELL YOU THE ROUTE THAT HE TOOK THAT DAY?

A: HE DID NOT.Q: AND DO YOU SEE THE SILVER STRAND IDENTIFIED ON THE MAP, EXHIBIT 40, BEHIND YOU?

A: YES, I DO.

Q: WHERE IS IT?

A: IT’S LOCATED IN THE LOWER LEFT CORNER OF THE MAP. IT RUNS AGAIN BETWEEN PALM AVENUE AND IMPERIAL BEACH AND THE CITY OF CORONADO.

Q: AND IT’S LOCATED THERE WITH THE LABEL SILVER STRAND STATE BEACH PARK?

A: THAT IS CORRECT.

Q: HOW FAR IS IT FROM IMPERIAL BEACH, ABOUT?

A: FROM IMPERIAL BEACH I WOULD SAY TWO MILES.

Q: AND DO YOU KNOW HOW FAR IT IS FROM HIS RESIDENCE TO THE SILVER STRAND?

A: APPROXIMATELY THIRTY AND A HALF MILES.

Q: DID HE SAY IF HE WENT WITH ANYBODY DOWN THERE?

A: HE SAID HE WENT ALONE.

Q: WHAT DID HE TELL YOU HAPPENED WHEN HE GOT TO THE SILVER STRAND?

A: HE SAID WHEN HE GOT TO THE SILVER STRAND, HE FILLED OUT THE — I GUESS THERE’S AN ENVELOPE THAT YOU FILL OUT, A REGISTRATION-TYPE ENVELOPE YOU FILL OUT, PUT YOUR MONEY IN. HE FILLED THAT OUT, FOUND A PARKING SPACE, PARKED. HE SAID — HE INITIALLY SAID THAT HE WASN’T THERE VERY LONG. HE SAID HE DIDN’T LIKE IT BECAUSE IT WAS TOO COLD FOR HIM AND THAT HE DECIDED TO GO BACK HOME AND TRY AND FIND HIS WALLET.

Q: DID HE SAY HOW MUCH IT COST AT THE STRAND?

A: HE TOLD ME THAT IT COST $24.00 FOR THE WEEKEND.

Q: AND THAT WOULD BE HOW MANY NIGHTS?

A: THREE NIGHTS.

Q: HOW MANY DOLLARS — HOW MANY — HOW MUCH PER DAY?

A: I BELIEVE IT’S $8.00 A DAY. THAT’S JUST MY UNDERSTANDING. I’VE NEVER PAID TO BE THERE.

Q: AND HE WAS GOING TO SPEND THERE SATURDAY NIGHT AND SUNDAY NIGHT?

A: YOU KNOW, I BELIEVE HE HAD MENTIONED SATURDAY, SUNDAY AND MONDAY. BUT FOR SURE SATURDAY AND SUNDAY.

Q: ALL RIGHT.

DID HE SAY WHERE THE MONEY CAME FROM IF HE DIDN’T HAVE HIS WALLET?

A: NO, HE DIDN’T.

Q: WHAT DID HE TELL YOU HAPPENED DOWN THERE AFTER HE PAID HIS MONEY AND FOUND THE SPOT?

A: HE SAID THAT AT SOME POINT THE PARK RANGER CAME TO HIM AND KNOCKED ON HIS — ON THE DOOR OF HIS MOTOR HOME AND TOLD HIM THAT HE HAD OVERPAID BY $30.00. HE HAD ACTUALLY PAID $54.00 INSTEAD OF $24.00.

Q: DID HE SAY WHERE THE $50.00 CAME FROM IF HE DIDN’T HAVE HIS WALLET?

A: NO, HE DIDN’T.

Q: WHAT DID HE SAY HAPPENED?

A: HE SAID HE KIND OF DEBATED IT WITH THE PARK RANGER A LITTLE BIT BECAUSE HE WAS SURE THAT HE HAD NOT OVERPAID, AND HE THOUGHT POSSIBLY THE $30.00 MIGHT BELONG TO SOMEONE ELSE RATHER THAN HIM.
AND THEN AT SOME POINT SHORTLY AFTER THAT WAS WHEN HE DECIDED THAT IT WAS TOO COLD FOR HIM, AND HE DECIDED TO GO BACK HOME AND TRY AND FIND HIS WALLET.

Q: DID HE INDICATE HOW LONG HE’D BEEN THERE?

A: HE DIDN’T INDICATE AN ACTUAL TIME FRAME. HE JUST — THE NEXT TIME HE TOLD ME WAS THE TIME THAT HE THOUGHT HE ARRIVED BACK AT HIS HOUSE.

Q: WHAT TIME WAS THAT?

A: HE ESTIMATED AROUND 3:30 THAT AFTERNOON HE ARRIVED BACK AT HIS HOUSE.

Q: AND HE TOLD YOU HIS PURPOSE FOR GOING HOME WAS TO DO WHAT?

A: WAS TO TRY TO FIND HIS WALLET.

Q: WHAT DID HE SAY HAPPENED WHEN HE GOT BACK TO HIS HOUSE?

A: WHEN HE GOT BACK TO THE NEIGHBORHOOD, HE SAID THAT HE SAW NUMEROUS NEWS VANS AND POLICE CARS IN THE NEIGHBORHOOD, SUCH THAT HE COULD NOT PARK HIS MOTOR HOME NEAR HIS HOUSE AS HE USUALLY DOES. HE STATED THAT HE HAD TO PARK ABOUT HALFWAY BETWEEN HIS HOUSE AND THE PARK THAT IS WEST OF HIS HOUSE AND WALK UP TO HIS HOUSE.

Q: BASED UPON YOUR KNOWLEDGE, DO YOU KNOW THE EXTENT OF THE MEDIA COVERAGE AT THAT POINT WHEN HE SAID HE DROVE HOME?

A: ON SATURDAY I DO NOT BECAUSE I WAS NOT INVOLVED ON SATURDAY.

Q: OKAY.

DID YOU RECALL SEEING ANY T.V. COVERAGE OF THIS SITUATION ON SATURDAY BEFORE 3:00 OR 3:30 IN THE AFTERNOON?

A: NO.

Q: NO, YOU DON’T REMEMBER OR NO, THERE WASN’T ANY?

A: NO, I DON’T RECALL SEEING ANY.

Q: WHAT DID HE SAY HE DID ONCE HE GOT BACK TO HIS HOUSE?

A: HE SAID HE PARKED HIS MOTOR HOME. HE GOT OUT AND WALKED TOWARDS HIS HOUSE. AND HE NOTED THAT HE ACTUALLY WALKED ON THE OPPOSITE SIDE OF THE STREET, ON THE NORTH SIDE OF MOUNTAIN PASS TOWARDS HIS HOUSE. HE SPOKE TO A FAMILY THAT LIVES APPROXIMATELY TWO DOORS DOWN FROM HIM. HE JUST SAID HI TO THEM AND THAT HE REACHED THE CORNER OF MOUNTAIN PASS AND BRIARLEAF, HE ACTUALLY SPOKE WITH HIS NEIGHBOR MARK THAT LIVES DIRECTLY ACROSS THE STREET FROM HIM ON THE OPPOSITE CORNER.

Q: DID HE DESCRIBE THAT EXCHANGE FOR YOU?

A: HE TOLD ME THAT MARK HAD MENTIONED TO HIM ABOUT THE — ABOUT THE LITTLE GIRL BEING MISSING AND THAT HE, ONCE HE FOUND OUT WHO THE LITTLE GIRL WAS, HE DECIDED THAT HE HAD BETTER GO CHECK HIS HOUSE.

Q: LET ME TAKE YOU BACK JUST A MOMENT HERE. HE TOLD YOU HE WAS ACROSS THE STREET. ACROSS WHICH STREET?

A: HE WAS ON —

Q: DO YOU NEED THE AERIALS?

A: NO. I JUST HAD TO THINK A SECOND. HE WAS ON THE NORTHWEST CORNER OF MOUNTAIN PASS AND BRIARLEAF.

Q: WE’RE NOT THAT GOOD WITH DIRECTIONS. LET ME SHOW YOU WHAT’S BEEN MARKED AS COURT’S EXHIBIT 1. DO YOU SEE THE AREA THAT HE WAS REFERRING TO?

A: HE WOULD HAVE ACTUALLY — THIS IS HIS HOUSE. HE WOULD HAVE ACTUALLY BEEN ON THE NORTHWEST CORNER WHICH IS BARELY DEPICTED IN THIS PHOTOGRAPH. IT’S ACTUALLY DEPICTED BETTER IN PHOTOGRAPH A. IT WOULD BE ON THIS CORNER.

Q: LET’S GO BACK AND MARK THE AREAS THAT YOU FIRST REFERRED TO. YOU REFERRED TO PHOTOGRAPH C ON EXHIBIT 1. PUT AN N.E. FOR THE NORTHEAST CORNER WHERE HE SAID HE WAS.

A: IT WAS ACTUALLY NORTHWEST CORNER.

Q: ALL RIGHT.

AND YOU’VE DONE THAT. AND YOU ALSO REFERRED TO A LOCATION ON PHOTOGRAPH A. WOULD YOU CIRCLE THE AREA THAT CORRESPONDS WITH THAT.

A: (THE WITNESS COMPLIED.)Q: THANK YOU, SIR.

DID HE TELL YOU WHERE ROEHR’S OR MARK’S HOUSE WAS?

A: HE — WE WERE STANDING IN HIS FRONT YARD, FRONT PORCH AREA. AND HE POINTED TO MARK’S HOUSE.

Q: AND WHERE WAS THAT?

A: DIRECTLY ACROSS THE STREET ON THE NORTHWEST CORNER OF MOUNTAIN PASS AND BRIARLEAF.

Q: DID HE INDICATE WHETHER THERE WAS ANY LAW ENFORCEMENT OFFICERS IN THE NEIGHBORHOOD AT THAT TIME?

A: HE HAD NOTED THAT WHEN HE FIRST PULLED IN HE SAW SEVERAL POLICE CARS AND NEWS MEDIA TRUCKS.

Q: WHAT DID HE SAY HE DID?

A: AGAIN HE SPOKE TO MARK. MARK TOLD HIM WHAT WAS GOING ON IN THE NEIGHBORHOOD, AND THAT AT THIS TIME HE DECIDED HE HAD BETTER GO CHECK HIS HOUSE. SO HE FOLLOWED HIS INSTINCTS AND WENT AND CHECKED HIS HOUSE.Q: DID HE SAY WHAT HE DID?

A: HE SAID HE WALKED THROUGH THE HOUSE, DIDN’T NOTE ANYTHING UNUSUAL, THEN WALKED INTO THE BACKYARD, CHECKED THE BACKYARD AND THE POOL AREA BECAUSE HE WAS CONCERNED THAT MAYBE DANIELLE HAD GOTTEN INTO THE BACKYARD AND FALLEN IN HIS POOL AND DROWNED. HE DID NOT FIND HER THERE, SO HE LOCKED THE HOUSE UP AND LEFT.

Q: WHAT DO YOU MEAN LEFT?

A: HE GOT IN HIS — WENT BACK TO HIS MOTOR HOME AND LEFT THE AREA.

Q: DO YOU RECALL IF HE SAID ANYTHING ABOUT CONTACTING MARK AFTER HE CHECKED HIS HOUSE?

A: NO.

Q: DID HE INDICATE THAT HE SPOKE WITH THE POLICE OFFICERS OR CHECKED IN WITH THEM?

A: NO. HE SAID HE DID NOT SPEAK WITH THE POLICE AT THAT TIME. HE FELT THAT IF THE POLICE NEEDED TO SPEAK WITH HIM MARK HAD HIS BUSINESS CARD AND COULD CALL AND LEAVE HIM A MESSAGE, AND HE WOULD RETURN THE CALL.

Q: DID HE EXPRESS ANY FURTHER CONCERN ABOUT DANIELLE BEING MISSING?

A: NO.

Q: WHERE DID HE SAY HE WENT FROM THE NEIGHBORHOOD?

A: HE SAID THAT AFTER CHECKING HIS HOUSE, HE HAD ALSO LOOKED FOR HIS WALLET AND DETERMINED THAT THE WALLET WAS NOT IN HIS HOUSE, SO HE FELT IT MUST HAVE STILL BEEN IN HIS 4RUNNER, WHICH WAS NOW PARKED IN HIGH VALLEY. SO HE DROVE BACK TO HIGH VALLEY TO GET HIS WALLET.

Q: LET ME DIRECT YOUR ATTENTION BACK TO EXHIBIT 40, THE MAP BEHIND YOU. DO YOU SEE WHERE THE HIGH VALLEY AREA IS?

A: YES.

Q: DID YOU EVENTUALLY GO THERE?

A: YES.

Q: WHERE IS THAT DEPICTED ON EXHIBIT 40?

A: IT’S DEPICTED WHERE THE LABEL SAYS 15250 SKYRIDGE ROAD. THAT’S THE ACTUAL ADDRESS WHERE THE MOTOR HOME WAS PARKED. AND THIS AREA IS CALLED HIGH VALLEY.

Q: DESCRIBE THE AREA FOR US.

A: KIND OF A MOUNTAINOUS, SMALL ROADS THAT WIND AROUND, HOUSES ON LARGE PIECES OF PROPERTY UP IN THAT AREA.

Q: WHAT DID HE SAY HAPPENED UP THERE AT SKYRIDGE OR HIGH VALLEY?

A: HE SAID HE GOT BACK TO HIGH VALLEY, HE CHECKED HIS MOTOR OR HIS 4RUNNER, FOUND HIS WALLET, AND THEN HE LEFT THERE AND WENT TO A CHEVRON STATION TO GET GAS.

Q: DID HE SAY WHERE THE CHEVRON STATION WAS?

A: HE SAID IT WAS NEAR TED WILLIAMS PARKWAY. HE NOTED THAT THERE WAS AN OLIVE GARDEN REAL CLOSE BY.

Q: WHAT DID HE DO AT THE CHEVRON STATION?

A: HE FILLED HIS MOTOR HOME WITH GAS.

Q: ONCE HE COMPLETED THAT, WHAT DID HE SAY HE DID?

A: AFTER FILLING HIS MOTOR HOME WITH GAS, HE SAID HE WENT THROUGH HE DESCRIBED IT AS THE BACK SIDE OF ESCONDIDO, THROUGH WARNER SPRINGS, AND EVENTUALLY TO GLAMIS.

Q: DID HE GIVE YOU ANY LANDMARKS THAT HE WENT BY?

A: THE ONLY LANDMARK HE NOTED WAS THE WILD ANIMAL PARK IN ESCONDIDO.Q: THAT WOULD BE NORTH OF HIS LOCATION THERE IN POWAY OR SABRE SPRINGS?

A: THAT’S CORRECT.

Q: I HAVE HAD MARKED AS COURT’S EXHIBIT 40 ANOTHER MAP. IT APPEARS TO BE THE SAN DIEGO/IMPERIAL COUNTY REGION. I’M SORRY. IT’S 41. DO YOU SEE WHAT WE HAVE DEPICTED THERE, DETECTIVE KEENE?

A: SAN DIEGO COUNTY AS FAR NORTH AS FALLBROOK, ALL THE WAY TO THE EASTERN COUNTY LINE, AND THEN PARTS OF IMPERIAL COUNTY.

Q: FROM THE GAS STATION, THE CHEVRON GAS STATION, HE SAID HE WENT WHICH DIRECTION ON 15?

A: NORTH.

Q: TO WHAT OFFRAMP OR EXIT?

A: HE STATED HE WENT PAST THE WILD ANIMAL PARK. I BELIEVE THE EXIT WOULD HAVE BEEN VIA RANCHO PARKWAY, SOMEWHERE RIGHT AROUND THERE.

Q: DO YOU SEE THE POWAY REGION ON THE MAP, EXHIBIT 41?

A: YES.

Q: COULD YOU TAKE THE BLACK FELT PEN AND CIRCLE THAT FOR US.

A: (THE WITNESS COMPLIED.)Q: DO YOU SEE THE AREA THAT YOU INDICATED, THE OFFRAMP FOR THE WILD ANIMAL PARK?

A: APPROXIMATELY.

Q: COULD YOU CIRCLE THAT AREA ALSO FOR US AND PUT A ONE BY THAT.

A: (THE WITNESS COMPLIED.)Q: DID HE SAY WHY HE WAS GOING THAT DIRECTION?

A: NO, HE DIDN’T.

Q: FROM THE OFFRAMP THERE BY THE WILD ANIMAL PARK, WHAT WAS THE NEXT LANDMARK OR TOWN THAT HE SAID HE WENT THROUGH?

A: THAT MORNING HE DIDN’T NOTE ANY FURTHER LANDMARKS OR TOWNS. HE JUST — OTHER THAN HE SAID HE WENT THROUGH WARNER SPRINGS.

Q: DO YOU SEE WARNER SPRINGS MARKED ON EXHIBIT 41?

A: YES, I DO.

Q: COULD YOU CIRCLE THAT AND PUT A TWO BY IT.

A: (THE WITNESS COMPLIED.)Q: DID HE INDICATE ANYTHING AT ALL ABOUT RAMONA OR SAN YSBEL?

A: NOT AT THAT POINT, NO.

Q: FROM WARNER SPRINGS, WHERE DID HE SAY HE WENT?

A: THE WAY HE DESCRIBED IT, HE WENT THROUGH WARNER SPRINGS AND HE SAID THE BACK SIDE TO GLAMIS.

Q: IS GLAMIS ON THE MAP BEHIND YOU?

A: YES, IT IS.

Q: POINT THAT OUT, WOULD YOU PLEASE.

A: GLAMIS IS ACTUALLY IN IMPERIAL COUNTY, FAR EAST OF THE SAN DIEGO COUNTY LINE.

Q: COULD YOU CIRCLE THAT WITH THE BLACK AND PUT A THREE BY THAT.

A: (THE WITNESS COMPLIED.)Q: DO YOU KNOW APPROXIMATELY HOW FAR THAT IS FROM HIS RESIDENCE IN POWAY?

A: APPROXIMATELY A HUNDRED AND SIXTY MILES.Q: DID HE SAY HOW LONG IT TOOK HIM TO GET OUT THERE?

A: HE DIDN’T SAY HOW LONG IT TOOK HIM TO GET OUT THERE. HE ESTIMATED A TIME THAT HE ARRIVED.

Q: WHICH WAS?

A: HE SAID APPROXIMATELY 10:00 OR 10:30 P.M. SATURDAY EVENING.

Q: DID HE SAY WHY HE WAS GOING OUT THERE?

A: NO. JUST SAID HE WANTED TO GO TO THE DESERT.

Q: DO YOU KNOW WHAT SAND TOYS ARE?

A: YES.

Q: WHAT ARE THEY?

A: QUAD RUNNERS, DUNE BUGGIES, REFERRED TO AS RAILS. ANYTHING THAT — MOTOCROSS MOTORCYCLES, THINGS THAT YOU CAN RIDE IN THE SAND.

Q: DO YOU KNOW IF HE HAD ANY?

A: YES.

Q: DID HE SAY IF HE TOOK THEM?

A: NO. HE DID NOT TAKE THEM.

Q: WHAT DID HE SAY HAPPENED OUT IN GLAMIS WHEN HE GOT OUT THERE?

A: HE SAID WHEN HE FIRST ARRIVED, I GUESS THERE’S AREAS THAT ARE REFERRED TO AS WASHES. AND HE SAID THAT HE DROVE DOWN WASH THREE AND WASH SIX LOOKING FOR ANY FRIENDS THAT MIGHT BE OUT THERE. WHEN HE DIDN’T SEE ANYBODY THAT HE KNEW, HE CONTINUED ON TO WASH FOURTEEN AND DECIDED TO PULL IN AND STOP FOR THE NIGHT.

Q: DID HE INDICATE WHETHER OR NOT HE HAD CONTACTED ANYONE TO, HEY, ARE YOU GOING OUT THERE THIS WEEKEND?

A: NO, HE DID NOT.Q: HAVE YOU EVER BEEN OUT THERE?

A: NO.

Q: WHAT DID HE SAY HAPPENED WHEN HE GOT TO WASH FOURTEEN?

A: HE SAID HE PULLED INTO WASH FOURTEEN AND STOPPED. HE STATED THAT ONE OF THE RINGS OF PEOPLE NEARBY WAS EXTREMELY LOUD, SO HE DECIDED TO PULL A LITTLE FURTHER IN TO TRY TO GET PAST THE NOISE. AND WHEN HE ACTUALLY TRIED PULLING FURTHER IN, HE GOT THE MOTOR HOME STUCK.

Q: DID HE DESCRIBE HOW BADLY IT GOT STUCK?

A: HE SAID THAT HE DIDN’T — HE DIDN’T TRY AND PULL IT OUT THAT NIGHT. HE SAID HE ACTUALLY — HE SPENT THE NIGHT THERE. HE NOTED THAT HE WAS THERE FOR APPROXIMATELY SIX TO EIGHT HOURS AND THAT THE NEXT MORNING HE BEGAN DIGGING IT OUT UNTIL SOMEONE CAME ALONG TO HELP HIM PULL IT OUT.

Q: DID HE SAY WHERE HE SLEPT?

A: HE SAID HE SLEPT IN THE MOTOR HOME.

Q: INSIDE?

A: INSIDE.

Q: WHAT HAPPENED — DID HE GIVE YOU A TIME APPROXIMATION WHEN HE ARRIVED AT WASH FOURTEEN?

A: WELL, THE ONLY APPROXIMATION HE GAVE WAS WHEN HE ARRIVED AT GLAMIS ITSELF. HE SAID 10:00 TO 10:30 THAT NIGHT.

Q: AND MOVING ON TO SUNDAY, THE NEXT MORNING, THE FEBRUARY 3RD, DID HE SAY WHAT HAPPENED AT THE BEGINNING OF THAT DAY?

A: INITIALLY HE SAID THAT AGAIN HE SLEPT FOR SIX TO EIGHT HOURS THAT NIGHT, AND THEN WHEN HE GOT UP THE NEXT MORNING, HE BEGAN DIGGING THE MOTOR HOME OUT, AND EVENTUALLY SOMEONE CAME ALONG AND HELPED HIM PULL IT OUT.

Q: DID HE SAY WHAT HE WAS USING TO DIG IT OUT?

A: HE SAID HE HAD A SMALL SHOVEL IN THE MOTOR HOME.

Q: WHAT ELSE DID HE TELL YOU ABOUT HIS EXPERIENCES THERE AT GLAMIS?

A: NOTHING REALLY. OTHER THAN HE — THE GENTLEMAN THAT EVENTUALLY PULLED HIM OUT CHARGED HIM A HUNDRED AND FIFTY DOLLARS. HE SAID THAT HE WAS ONLY ABLE TO GIVE THE GUY EIGHTY DOLLARS AND THAT HE WROTE THE GUY’S NAME AND ADDRESS ON A PIECE OF PAPER SO THAT ONCE HE GOT BACK HOME, HE COULD MAIL THE GUY THE REMAINING AMOUNT OF MONEY.

Q: SO HE HAD HOW MUCH CASH ON HIM AT THAT POINT?

A: EIGHTY DOLLARS.

Q: ONCE HE GOT OUT, DID HE SAY WHAT HE DID IN GLAMIS?

A: HE SAID ONCE HE GOT OUT, HE LEFT GLAMIS, AND HE DROVE TO SUPERSTITION MOUNTAIN.Q: DID HE SAY WHY HE DIDN’T LOOK FOR THE FRIENDS THAT WERE SUPPOSED TO BE OUT THERE?

A: NO.

Q: DID HE SAY HOW QUICKLY HE LEFT GLAMIS?

A: THE WAY HE INDICATED THAT MORNING, IMMEDIATELY AFTER BEING PULLED OUT, HE LEFT GLAMIS.

A: (THE WITNESS COMPLIED.)
SUPERSTITION MOUNTAIN AGAIN IS IN IMPERIAL COUNTY, JUST EAST OF THE SAN DIEGO LINE.

Q: AND IT APPEARS TO BE WRITTEN ON THAT MAP. CAN YOU TAKE YOUR BLACK FELT PEN AND AT LEAST CIRCLE THE WORDS SUPERSTITION MOUNTAIN AND PUT A FOUR BY THAT.

A: (THE WITNESS COMPLIED.)Q: WHAT DID HE TELL YOU HE WAS DOING AT SUPERSTITION MOUNTAIN?

A: HE SAID THAT HE JUST WANTED TO TAKE A LOOK AT THE AREA BECAUSE THERE WAS A THREE-DAY WEEKEND COMING UP THAT HE WANTED HE AND HIS SON TO SPEND TOGETHER. AND SO HE WANTED TO TAKE A LOOK AT THE AREA AND SEE IF IT WAS TO HIS LIKING.

Q: WHAT DID HE SAY HAPPENED THERE?

A: NOTHING. HE SAID HE DIDN’T REALLY LIKE THE AREA. HE SPENT PROBABLY TWENTY MINUTES AT MOST THERE, AND THEN HE CONTINUED ON.

Q: DID HE GIVE YOU ANY TIME APPROXIMATIONS WHEN HE WAS AT OR LEAVING SUPERSTITION MOUNTAIN?

A: NO.

Q: WHERE DID HE SAY HE WENT AFTER THAT?

A: FROM THERE HE CONTINUED ON TO BORREGO.

Q: IS BORREGO DEPICTED ON THE MAP BEHIND YOU, EXHIBIT 41?

A: YES, IT IS.

Q: WOULD YOU POINT IT OUT, PLEASE.

A: IT’S WITHIN THE SAN DIEGO COUNTY AREA IN THE DESERT AREA.

Q: COULD YOU CIRCLE THAT WITH YOUR BLACK FELT PEN AND PUT A FIVE BY THAT I BELIEVE.

A: (THE WITNESS COMPLIED.)Q: THANK YOU, SIR.

DID HE GIVE YOU TIME APPROXIMATIONS AS TO WHEN HE WAS AROUND THE BORREGO AREA?

A: HE DIDN’T GIVE A TIME APPROXIMATION TO WHEN HE ARRIVED. HE DID GIVE ONE FOR WHEN HE LEFT.

Q: WHAT DID HE SAY HAPPENED AT BORREGO?

A: HE SAID ONCE HE GOT TO BORREGO, HE TURNED DOWN A SMALL, LITTLE ROAD, DIRT ROAD, THAT HE DECIDED HE WANTED TO CHECK OUT AND SEE IF IT WOULD BE A GOOD AREA TO CAMP. HE STARTED DOWN THE ROAD. HE REALIZED IT WAS STARTING TO NARROW, AND HE SHOULD NOT HAVE PULLED DOWN IT, AND EVENTUALLY HE ONCE AGAIN GOT STUCK.

Q: DID HE INDICATE TO YOU HOW MUCH EXPERIENCE HE HAD DRIVING AROUND THE DESERT?

A: HE NOTED THAT HE HAD BEEN TO THE DESERT QUITE OFTEN.

Q: WHAT DID HE SAY HAPPENED AFTER HE GOT STUCK THERE IN BORREGO?

A: HE SAID THAT HE HAD TO DIG HIMSELF OUT BY HIMSELF THIS TIME.

Q: HOW LONG DID IT TAKE ACCORDING TO HIM?

A: ACCORDING TO HIM ABOUT AN HOUR. HE USED BOTH HIS SHOVEL AND PIECES OF FIREWOOD THAT HE HAD IN THE MOTOR HOME TO DIG HIMSELF OUT.

Q: ONCE HE GOT DUG OUT, WHAT DID HE SAY HE DID?

A: HE SAID ONCE HE DUG HIMSELF OUT, HE HAD DECIDED THAT HE HADN’T HAD ANY FUN IN THE DESERT, AND HE DECIDED THAT POSSIBLY THE WEATHER WAS BETTER BACK AT THE SILVER STRAND, AND HE DECIDED TO GO BACK TO THE STRAND.

Q: DID HE GIVE YOU A TIME APPROXIMATION?

A: HE ESTIMATED THAT HE LEFT BORREGO AT APPROXIMATELY 6:00 P.M. SUNDAY EVENING.

Q: DO YOU KNOW WHAT TIME THE SUN GOES DOWN OR THE SUN WENT DOWN BACK THEN?

A: APPROXIMATELY I BELIEVE THE SUN WENT DOWN AROUND 5:25 P.M.

Q: SO FROM BORREGO WHERE DID HE SAY HIS NEXT STOP WAS?

A: FROM BORREGO HE, ACCORDING TO HIM, HE WENT BACK AROUND, AGAIN, THE BACK SIDE OF THE MOUNTAIN AS HE PUT IT. HE SAID HE DIDN’T WANT TO GO THROUGH JULIAN BECAUSE HE THOUGHT IT HAD SNOWED, AND HE DIDN’T THINK HE WOULD HAVE A VERY EASY RIDE IN THE MOTOR HOME THROUGH THE SNOW. HE WENT BACK AROUND THE BACK SIDE OF THE MOUNTAIN THROUGH WARNER SPRINGS, BACK TO THE SAME CHEVRON STATION THAT HE HAD GASSED UP PRIOR TO THE TRIP, AND HE HAD STOPPED THERE.

Q: DO YOU KNOW WHETHER THERE HAD BEEN ANY SNOW RECENTLY IN JULIAN THAT PERIOD OF TIME?

A: THERE HAD BEEN NONE.

Q: DID HE DESCRIBE FOR YOU ANY STOPS OR RESTS BETWEEN BORREGO AND THE GAS STATION, THE CHEVRON GAS STATION?

A: NO.

Q: DID HE SAY HOW LONG IT TOOK TO GET FROM BORREGO BACK TO THE GAS STATION?

A: NO.

Q: WHAT HAPPENED AT THE GAS STATION?

A: HE SAID HE FILLED UP AT THE GAS STATION. WHILE GASSING, HE SAW A YOUNG KID WITH I BELIEVE HE SAID A WHITE THUNDERBIRD, I CAN’T BE SURE ABOUT THE MAKE OF THE VEHICLE, BUT THAT HE HAD ASKED THE KID TO RUN IN AND GET HIM A NEWSPAPER, AND THAT THE GENTLEMAN HAD GOTTEN HIM A NEWSPAPER.

Q: DID HE SAY HOW MUCH GAS HE PUT IN?

A: NO.

Q: FROM THERE WHERE DID HE SAY HE WENT?

A: FROM THERE HE SAYS HE DROVE BACK TO THE SILVER STRAND IN CORONADO.

Q: DID HE GIVE YOU A TIME APPROXIMATION AS TO WHEN HE WAS AT THE GAS STATION?

A: NO.

Q: THE LAST TIME HE’D GIVEN YOU WAS WHAT TIME AT WHAT LOCATION?

A: APPROXIMATELY 6:00 P.M. LEAVING BORREGO.

Q: FROM THE GAS STATION HE TOLD YOU HE WENT WHERE?

A: TO THE SILVER STRAND.

Q: WHAT DID HE SAY HAPPENED WHEN HE GOT DOWN THERE?

A: HE SAID HE THOUGHT HE HAD ARRIVED AT THE SILVER STRAND APPROXIMATELY TEN MINUTES AFTER 7:00 SUNDAY EVENING, AND THAT THE GATES CLOSE AT 7:00, SO HE FELT HE HAD JUST MISSED GETTING BACK INTO THE STRAND.

Q: DID HE INDICATE HOW HE WAS ABLE TO GET FROM BORREGO AT 6:00 O’CLOCK TO GET GAS AT CARMEL MOUNTAIN AND DOWN TO THE CAY
— OR THE SILVER STRAND BY 7:10?

A: NO, HE DIDN’T.

Q: DID HE SAY HOW FAST HE WAS DRIVING?

A: NO, HE DIDN’T.

Q: AND HE COULDN’T GET INTO THE STRAND BECAUSE?

A: THE GATES WERE LOCKED AT THAT TIME.

Q: WHAT DID HE SAY HE DID?

A: ONCE HE REALIZED THE GATES WERE LOCKED AND HE COULDN’T GET IN, HE DROVE DIRECTLY ACROSS THE STREET TO THE CORONADO CAYS AND HE SAID HE HAD PASSED THERE BEFORE, HADN’T SEEN ANY SIGNS RESTRICTING MOTOR HOME PARKING, SO HE PULLED IN AND PARKED HIS MOTOR HOME FOR THE EVENING.

Q: NOW, WHEN YOU SAY ACROSS THE STREET, WHAT DO YOU MEAN BY THAT?

A: IT’S DIRECTLY ACROSS THE SILVER STRAND FREEWAY ON THE OTHER — ON THE EAST SIDE.

Q: WHAT IS OVER THERE?

A: I BELIEVE IT’S LIKE A SMALL COMMUNITY. IT’S CALLED THE CORONADO CAYS.

Q: DID HE GIVE YOU ANY DEFINITE DESCRIPTION OF WHERE HE PARKED IN THE CAYS THAT NIGHT?

A: NONE WHATSOEVER. HE JUST SAID THE PARKING LOT.

Q: DID HE DESCRIBE ANY OF HIS ACTIVITIES IN THE CAYS THAT EVENING?

A: HE SAID HE PARKED AND WENT TO SLEEP.

Q: DID HE GIVE YOU ANY TIMES?

A: NOT AT THAT TIME, NO.

Q: WHAT WAS THE NEXT THING THAT HE TOLD YOU ABOUT?

A: HE SAID APPROXIMATELY 4:00 TO 4:30 MONDAY MORNING, THAT WOULD BE FEBRUARY 4TH, HE DECIDED IT WAS TIME TO GO HOME, AND THAT HE LEFT THE CAYS AND DROVE BACK UP TO HIGH VALLEY.

Q: DID HE INDICATE WHETHER OR NOT HE MADE ANY STOPS ALONG THE WAY BETWEEN THE CAYS AND HIGH VALLEY?

A: IN THAT — THAT MORNING, NO, HE DID NOT INDICATE ANY OTHER STOPS.

Q: DID HE SAY ANYTHING AT ALL ABOUT STOPPING IN THE MOTOR HOME AT A DRYCLEANER’S IN POWAY ON HIS TRIP BACK TO HIGH VALLEY?

A: NO, HE DID NOT.

Q: WHAT DID HE SAY HAPPENED WHEN HE GOT BACK UP TO HIGH VALLEY?

A: HE SAID WHEN HE REACHED THE AREA OF HIGH VALLEY, HE THOUGHT IT WAS STILL A LITTLE BIT EARLY, IT WAS I THINK HE SAID APPROXIMATELY 7:00, 7:15, AND HE THOUGHT IT WAS A LITTLE EARLY, HE MIGHT WAKE SOMEBODY UP, SO HE ACTUALLY PULLED OFF AND PARKED IN A PARKING LOT NEAR THE AREA AND SLEPT FOR ABOUT ANOTHER HOUR BEFORE HE ACTUALLY DROVE UP THERE.

Q: DID HE GIVE YOU ANY DETAILS WHERE THE PARKING LOT AREA WAS?

A: NO. HE JUST SAID A PARKING LOT NEAR HIGH VALLEY.Q: WHAT HAPPENED AFTER HE HAD HIS NAP?

A: HE SAID HE WOKE UP AND DECIDED THAT HE COULD GO UP TO HIGH VALLEY WITHOUT WAKING ANYBODY UP, SO HE DROVE HIS MOTOR HOME BACK UP TO THE SKYRIDGE RESIDENCE WHERE HE PARKS IT.

Q: DID HE TALK ABOUT SPEAKING WITH ANYBODY UP AT HIGH VALLEY, SKYRIDGE?

A: HE DIDN’T TALK ABOUT SPEAKING WITH ANYBODY, BUT HE SAID HE SAW SOME GARDENERS AT ONE OF THE RESIDENCES UP THERE.

Q: WHAT DID HE SAY HE DID ONCE HE ULTIMATELY GOT UP THERE?

A: HE SAID HE PARKED HIS MOTOR HOME WHERE HE USUALLY PARKS IT ON THE PROPERTY, REMOVED SOME SMALL ITEMS FROM THE MOTOR HOME, PUT THEM BACK IN HIS 4RUNNER, AND THEN DROVE HIS 4RUNNER DIRECTLY HOME.

Q: AND DID HE INDICATE WHERE THE 4RUNNER HAD BEEN KEPT FOR THIS WEEKEND?

A: HE STATED THAT HE HAD PARKED IT IN THE SAME AREA THAT HE PARKS THE MOTOR HOME.

Q: OUT IN THE OPEN OR ENCLOSED?

A: IN THE OPEN.Q: FROM THERE DID HE SAY WHERE HE WENT?

A: HE SAID HE WENT DIRECTLY HOME.

Q: AND DID HE INDICATE ABOUT WHAT TIME HE GOT HOME?

A: HE SAID HE GOT HOME, HE THOUGHT HE GOT HOME APPROXIMATELY 8:30 MONDAY MORNING.

Q: AND YOU WERE OVER THERE AT ABOUT WHAT TIME?

A: APPROXIMATELY 9:20.

Q: DID HE SAY WHAT HE DID ONCE HE GOT HOME IN THE 4RUNNER?

A: YES. HE SAID THAT WHEN HE GOT HOME, HE TOOK A SHOWER AND DID ONE LOAD OF LAUNDRY.Q: DID HE TALK ABOUT ANY STOPS ON THE WAY HOME FROM SKYRIDGE TO HIS HOUSE?

A: NO.

Q: DID HE TALK ABOUT CLEANING HIS S.U.V. ON THE WAY HOME FROM SKYRIDGE?

A: NO.

Q: WHAT DID HE SAY REGARDING THE REST OF HIS MORNING ONCE HE GOT HOME?

A: AGAIN HE STATED THAT HE TOOK A SHOWER, SAID HE DID ONE LOAD OF LAUNDRY. HE STATED THAT HE HAD THROWN THAT LOAD IN THE DRYER BUT THE DRYER HADN’T WORKED WELL BECAUSE THE LINT FILTER WAS FULL AND THAT HE HAD CLEANED THE LINT FILTER AND STARTED THAT LOAD OF LAUNDRY OVER IN THE DRYER.

Q: WHAT DO YOU MEAN CLEAN THE LINT FILTER?

A: HE SAID THE LINT FILTER WAS FULL OF LINT, SO HE PULLED THE LINT FILTER OUT, CLEANED THE LINT OFF, THREW IT AWAY, AND PUT THE LINT FILTER BACK IN THE DRYER.

Q: THAT WAS BEFORE OR AFTER HE STARTED DOING HIS LAUNDRY?

A: WELL, THAT WAS AFTER THE FIRST LOAD OF LAUNDRY. HE HAD THROWN THAT LOAD IN THE DRYER AND ATTEMPTED TO DRY IT.

Q: DID HE GIVE ANY OTHER DESCRIPTIONS OF WHAT HE DID THAT MORNING?

A: NO.

Q: DID YOU ASK HIM ANYTHING ELSE WHEN YOU WERE SPEAKING WITH MR. WESTERFIELD?

A: AFTER HE HAD GONE THROUGH WHAT HE HAD DONE FOR THE WEEKEND, I BACKED HIM UP AND ASKED HIM TO TELL ME ABOUT FRIDAY NIGHT. IT WOULD HAVE BEEN FEBRUARY 1ST.

Q: WHY THAT DATE?

A: HE HADN’T MENTIONED, YOU KNOW, ANYTHING ABOUT FRIDAY NIGHT. SO I, YOU KNOW, I ASKED HIM CAN WE START WITH FRIDAY NIGHT AND TELL ME THE WHOLE WEEKEND WHAT YOU DID. AND SO WE BACKED UP TO FRIDAY.

Q: WHEN YOU WERE ASKING HIM QUESTIONS OR HE WAS SPEAKING, DID YOU TELL HIM HOW MUCH OF THE INFORMATION YOU WANTED?

A: NO. I JUST — I WOULD ASK HIM A QUESTION, AND HE WOULD GIVE HIS ANSWER; BUT I DIDN’T, YOU KNOW, I DIDN’T PRESS HIM ON, WELL, TELL ME MORE, TELL ME MORE.

Q: ALL RIGHT.

DID YOU INDICATE THAT YOU WANTED EVERYTHING THAT HE HAD DONE OVER THAT PERIOD OF TIME?

A: YES, I DID.

Q: ALL RIGHT.

HOW DID HE DESCRIBE FRIDAY STARTED?

A: HE STARTED OUT WITH FRIDAY EVENING. HE TOLD ME THAT HE HAD SPENT FRIDAY EVENING ALONE AT HOME, THAT HE HAD GRILLED A STEAK AND HAD DINNER ALONE, AND THAT AT SOME POINT AFTER DINNER HE HAD GONE TO A LOCATION CALLED DAD’S BAR AND MET WITH A FRIEND NAMED GARRY.

Q: DID YOU ASK WHO GARRY WAS?

A: I ASKED GARRY’S LAST NAME.

Q: WHAT DID THE DEFENDANT TELL YOU?

A: HE TOLD ME HE DIDN’T KNOW HIS LAST NAME.

Q: DID HE SAY HOW LONG HE HAD KNOWN THIS FELLOW?

A: I DON’T BELIEVE HE INDICATED A TIME FRAME AT THAT POINT, NO.

Q: WHAT NEXT DID HE SAY?

A: HE SAID THAT ONCE HE ARRIVED AT DAD’S BAR, HE MET WITH GARRY AND THEY BASICALLY STOOD AROUND AND DRANK. HE NOTED THAT HE WAS DRINKING RUM AND COKES, AND HE ALSO NOTED THAT HE HAD HAD SEVERAL THAT NIGHT.

Q: DID YOU ASK OR DID HE SAY HOW MANY SEVERAL MEANT?

A: NO.

Q: WHAT NEXT DID HE SAY HAPPENED?

A: HE SAID THAT AT SOME POINT WHILE IN THE BAR HE SAW HIS NEIGHBOR BRENDA VAN DAM. HE NOTED THAT SHE WAS WITH TWO FEMALES AND THAT THEY WERE TALKING TO TWO OTHER MALES.

Q: WHAT ELSE DID HE SAY ABOUT THAT?

A: HE SAID HE SAW THEM JUST DRINKING, DANCING, PLAYING POOL, AND THAT AT SOME POINT PRIOR TO HIM LEAVING HE HAD HAD A SHORT CONVERSATION WITH BRENDA.

Q: DID HE SAY WHAT THEY TALKED ABOUT?

A: THE ONLY THING HE SAID WAS THAT BRENDA WAS TELLING HIM THAT HER DAUGHTER DANIELLE HAD AN EVENT COMING UP LATER IN THE WEEK, IT WAS A FATHER-DAUGHTER EVENT. HE SAID THAT BRENDA HAD TOLD HIM THAT HER HUSBAND DAMON WASN’T REAL EXCITED ABOUT HIS LITTLE GIRL GROWING UP TOO FAST. AND WHILE TELLING ME THIS, HE KIND OF STOPPED AND PAUSED FOR A SECOND, AND THEN HE MADE THE STATEMENT I COULD HAVE SWORN SHE SAID SHE HAD A BABYSITTER. I DIDN’T KNOW HER HUSBAND WAS HOME WITH THE KIDS.

Q: JUST OUT OF THE BLUE?

A: YES.

Q: YOU HADN’T ASKED HIM ABOUT THAT?

A: I HADN’T ASKED HIM ABOUT THAT.

Q: WHAT NEXT DID HE SAY?

A: HE SAID SHORTLY AFTER THAT CONVERSATION HE THOUGHT IT WAS SOME TIME BETWEEN 11:00 AND 11:30 HE LEFT THE BAR BY HIMSELF, DROVE HOME, AND WENT TO BED.

Q: DID HE INDICATE AT ALL WHAT BRENDA VAN DAM AND HER FRIENDS WERE DOING AT THE BAR?

A: HE SAID HE HAD SAW THEM DANCING AND PLAYING POOL.

Q: DID HE EXPRESS ANY OUTRAGE OR BEING UPSET OR EMBARRASSED BY HOW THEY WERE BEHAVING?

A: NO.

Q: DID HE INDICATE WHETHER OR NOT HE HAD PLAYED POOL OR DANCED WHILE AT DAD’S?

A: NO.

Q: NOW, HE DIDN’T OR HE SAID HE DIDN’T?

A: HE DIDN’T INDICATE ONE WAY OR THE OTHER DURING THAT INITIAL CONVERSATION.

Q: DID HE GIVE YOU AN APPROXIMATION AS TO WHEN HE SAID HE LEFT DAD’S?

A: HE SAID BETWEEN 11:00 AND 11:30 FRIDAY NIGHT.

Q: AND HE WENT WHERE, ACCORDING TO HIM?

A: ACCORDING TO HIM HE WENT DIRECTLY HOME.

Q: DID HE SAY WHAT HE DID BACK AT THE HOUSE?

A: HE SAID ONCE HE GOT BACK HOME, HE WENT DIRECTLY TO BED.

Q: DID HE INDICATE WHETHER HE SAW ANYTHING IN THE NEIGHBORHOOD WHEN HE PULLED IN?

A: I ASKED HIM IF BRENDA AND HER FRIENDS WERE STILL AT THE BAR WHEN HE LEFT, AND HE SAID, WELL, WHEN I GOT HOME, HER TRUCK WAS NOT IN THE DRIVEWAY. AND THEN HE SAID IN FACT I DON’T EVEN REMEMBER SEEING DAMON’S VAN NEAR THE HOUSE.

Q: WHAT ELSE DID HE SAY REGARDING THAT EVENING?

A: NOTHING. HE SAID HE WENT DIRECTLY TO BED.

Q: DID HE INDICATE OR DID YOU ASK WHETHER HE HAD ANY PRIOR CONTACT WITH MISS VAN DAM?

A: HE INDICATED THAT THAT WAS HIS THIRD NOT REALLY CONTACT BUT THAT WAS HIS THIRD TIME SEEING BRENDA.

Q: DID HE INDICATE WHAT THEIR RELATIONSHIP WAS?

A: HE SAID THAT THEY JUST KNEW EACH OTHER IN PASSING.

Q: DID YOU ASK HIM WHAT THE EARLIER OR THE OTHER CONTACTS WERE?

A: YES.

Q: WHAT WAS THE FIRST ONE THAT HE DESCRIBED?

A: THE FIRST ONE WAS THE PREVIOUS FRIDAY. FRIDAY PREVIOUS TO FEBRUARY 1ST.

Q: WHAT DID HE SAY ABOUT THAT?

A: HE SAID HE HAD BEEN AT DAD’S BAR AND HAD SEEN BRENDA AND HER TWO FEMALE FRIENDS AT THE BAR.

Q: DID HE DESCRIBE ANY SORT OF ENCOUNTER WITH THEM ON THAT FRIDAY BEFORE?

A: NO.

Q: NO DETAILS AT ALL?

A: OTHER THAN SEEING THEM DRINKING AND PLAYING POOL, DANCING, HE DID NOT INDICATE THAT HE HAD HAD ANY CONTACT WITH BRENDA ON THAT PARTICULAR OCCASION.

Q: WHAT WAS THE NEXT CONTACT THAT HE SAID HE HAD WITH BRENDA VAN DAM?

A: THE NEXT CONTACT HE INDICATED HE COULDN’T REMEMBER WHETHER IT WAS WEDNESDAY OR THURSDAY OF THE WEEK PREVIOUS TO FEBRUARY 1ST. ACTUALLY IT WOULD HAVE BEEN JANUARY 30TH OR 31ST. HE INDICATED THAT THERE WAS SOMEONE AT HIS FRONT DOOR. I DON’T REMEMBER WHETHER HE INDICATED IT WAS A KNOCK OR THE DOOR BELL RING, AND HE OPENED THE FRONT DOOR, AND IT WAS BRENDA VAN DAM, DANIELLE VAN DAM, AND BRENDA’S YOUNGEST SON, AND THAT THEY INDICATED THAT THEY WERE THERE SELLING GIRL SCOUT COOKIES.

Q: DID HE DESCRIBE THE INTERACTION WITH THEM?

A: YES. HE INVITED THEM IN. HE TOOK THE COOKIE SHEET, AND HE SAID THAT AS HE LOOKED OVER THE COOKIE SHEET, HE AND BRENDA SPOKE ABOUT I THINK HE ASKED HER WHO HER TWO FEMALE FRIENDS WERE AT THE BAR. AND THEY SPOKE ABOUT THE FACT THAT HE HAS BARBECUES FROM TIME TO TIME AT HIS HOUSE. HE TOLD HER HE WOULD LIKE TO INVITE HER AND DAMON OVER FOR A BARBECUE.

Q: DID HE INDICATE WHAT MRS. VAN DAM DID WHEN HE MADE THAT PROPOSAL?

A: HE SAID THAT WHEN HE TOLD HER THAT HE WOULD LIKE TO INVITE HER AND HER HUSBAND OVER FOR A BARBECUE, THAT SHE WROTE HER PHONE NUMBER DOWN ON A PIECE OF PAPER AND GAVE IT TO HIM SO THAT IN THE FUTURE HE COULD INVITE THEM OVER.

Q: DID HE DESCRIBE WHAT THE KIDS WERE DOING?

A: HE SAID THAT WHILE HE AND BRENDA SPOKE AND HE LOOKED OVER THE COOKIE, THE SHEET FOR THE COOKIES, THAT DANIELLE AND HER YOUNGER BROTHER WERE, AS HE PUT IT, RUNNING ALL OVER THE HOUSE.

Q: DID HE SAY WHERE?

A: HE INDICATED THAT THEY RAN ALL AROUND THE LOWER LEVEL OF THE HOUSE. THEY RAN OUT THE BACK DOOR AND AROUND THE SWIMMING POOL. AND I ASKED HIM IF THEY HAD RUN UPSTAIRS. HE SAID HE DIDN’T REMEMBER FOR SURE, BUT THAT HE COULD NOT DISCOUNT THAT THEY MIGHT HAVE.Q: DID HE SAY ANYTHING AT ALL ABOUT ANY CLOTHING BEING ON A COUCH OR CHAIR THAT THE KIDS JUMPED ON?

A: IN THE INITIAL STATEMENT THAT MORNING, NO.

Q: DID HE INDICATE FOR YOU HOW LONG THE VAN DAMS WERE IN HIS RESIDENCE?

A: I THINK HE INDICATED TEN OR FIFTEEN MINUTES AT MOST.

Q: DID HE DESCRIBE FOR YOU ANY CONTACT HE HAD HAD WITH DAMON VAN DAM?

A: NO.

Q: WHAT DID HE SAY HAPPENED AFTER THE COOKIES WERE SOLD?

A: THAT BRENDA AND HER CHILDREN LEFT. AND HE SAID HIS NEXT CONTACT WAS WITH BRENDA AT DAD’S BAR FRIDAY NIGHT, FEBRUARY 1ST.

Q: AND HE TOLD YOU ABOUT AN INTEREST IN ONE OF THE LADIES?

A: HE JUST MENTIONED THAT DURING THE COOKIE-SELLING EVENT HE HAD JUST ASKED HER, HEY, WHO WERE YOUR TWO FRIENDS, BUT THAT WAS AS FAR AS IT WENT.

Q: WAS THERE ANY FURTHER DISCUSSION REGARDING HIS ACTIVITIES AT THAT POINT?

A: NO.

Q: WHAT WAS THE NEXT THING THAT YOU DID?

A: THE NEXT THING WE DID WAS WALK THROUGH HIS HOUSE.Q: BEFORE YOU WALKED THROUGH THE HOUSE, DID YOU GET A CHANCE TO LOOK AT MR. WESTERFIELD’S PHYSICAL CONDITION?

A: YES.

Q: AND WHERE WERE YOU STANDING WHEN THIS WAS GOING ON?

A: WE WERE STANDING APPROXIMATELY FIVE FEET OUT, TWO TO FIVE FEET OUT FROM HIS FRONT PORCH. THERE WAS A WALKWAY THAT GOES FROM HIS DRIVEWAY UP TO HIS FRONT PORCH, FRONT DOOR AREA, AND WE WERE STANDING WITHIN THAT WALKWAY AREA.

Q: SHADED AREA OR SUNNY AREA?

A: AT THAT TIME IT WAS SHADED.

Q: ABOUT WHAT TIME?

A: BETWEEN APPROXIMATELY 9:20 AND 10:00 O’CLOCK THAT MORNING.

Q: HOW WARM WAS IT?

A: APPROXIMATELY 50, 55 DEGREES.

Q: WHAT DID YOU NOTICE REGARDING MR. WESTERFIELD?

A: I NOTICED THAT HE WAS SWEATING PROFUSELY FROM UNDER HIS ARMS. BOTH ARMS.

Q: HOW COULD YOU TELL?

A: HE WAS WEARING A LIGHT GRAY SHIRT, AND THE SWEAT FROM UNDERNEATH HIS ARMS HAD DARKENED THE SHIRT.

Q: HAD HE DONE ANYTHING PHYSICAL TO WORK UP A SWEAT?

A: NOT IN MY PRESENCE, NO.

Q: HOW LONG DO YOU THINK YOU SPOKE WITH HIM?

A: APPROXIMATELY TWENTY-FIVE TO THIRTY MINUTES.

Q: BEFORE YOU WENT INSIDE, DID YOU ASK HIM IF IT WAS OKAY?

A: YES.

Q: HOW DID YOU DO THAT?

A: I FIRST VERBALLY ASKED HIM. AND WHEN HE STATED THAT IT WOULD BE OKAY, I THEN PRESENTED HIM WITH A CONSENT-TO-SEARCH FORM. IT INCLUDES PRE-PRINTED LANGUAGE ASKING PERMISSION TO SEARCH THE RESIDENCE. I THEN NOTED HIS ADDRESS, THE FACT THAT MYSELF AND DETECTIVE PARGA WOULD BE THE ONES SEARCHING HIS RESIDENCE. AND THERE’S A SPOT AT THE BOTTOM OF IT FOR THE OWNER OF THE RESIDENCE TO SIGN GIVING PERMISSION.

Q: WHAT DID YOU WANT TO LOOK FOR?

A: ANY INDICATION THAT DANIELLE MIGHT HAVE BEEN IN HIS RESIDENCE.

Q: I’VE HAD MARKED AS COURT’S EXHIBIT 42 THIS ONE-PAGE DOCUMENT, LOOKS LIKE THE FRONT TOP SAYS SAN DIEGO POLICE DEPARTMENT CONSENT TO SEARCH PREMISES. DO YOU RECOGNIZE THAT, DETECTIVE?

A: YES, I DO.

(CONSENT-TO-SEARCH FORM MARKED TRIAL EXHIBIT
NUMBER 42 FOR IDENTIFICATION.)
BY MR. DUSEK:

Q: WHAT IS THAT?

A: THAT IS THE CONSENT-TO-SEARCH FORM THAT I ASKED DAVID WESTERFIELD TO SIGN THAT MORNING.

Q: THERE’S SOME WRITING ON IT IT LOOKS LIKE.

A: THAT’S CORRECT.

Q: WHOSE WRITING IS THAT?

A: THAT IS MY HANDWRITING.

Q: IS THERE A SIGNATURE?

A: YES, THERE IS.

Q: WHOSE?

A: ON THE RIGHT-HAND SIDE OF THE PAPER IS DAVID WESTERFIELD’S SIGNATURE. LOWER LEFT IS MY SIGNATURE AND DETECTIVE MO PARGA’S SIGNATURE.

Q: IS IT A TWO-SIDED DOCUMENT?

A: YES, IT IS.

Q: THE SIDE YOU’RE LOOKING AT NOW WITH THE EXHIBIT NUMBER ON IS FOR WHAT ITEM?

A: THAT IS A CONSENT TO SEARCH THE PREMISES, THE HOUSE.

Q: WHAT’S THE BACK SIDE?

A: THE BACK SIDE IS A CONSENT TO SEARCH VEHICLES.

Q: WHICH VEHICLES?

A: HIS TOYOTA 4RUNNER AND HIS MOTOR HOME.

Q: DID HE SIGN THAT ALSO?

A: YES, HE DID.

Q: WHO ALL WENT INSIDE?

A: INSIDE HIS RESIDENCE I WENT IN, DETECTIVE PARGA WENT IN, AND I BELIEVE SERGEANT JOHN WRAY STEPPED INSIDE, BUT HE DID NOT WALK THROUGH THE HOUSE.Q: WHAT DAY WAS THIS?

A: THIS WAS MONDAY, FEBRUARY 4TH.

Q: PRIOR TO THAT OCCASION HAD YOU BEEN IN THE VAN DAM HOME?

A: NO.

Q: YOU HAD NEVER BEEN INSIDE THEIR RESIDENCE, THEIR GARAGE, ANY OF THEIR PROPERTY?

A: TO THIS DAY I’VE NEVER BEEN IN THEIR HOME.

Q: DESCRIBE WHAT HAPPENED AS YOU ENTERED THE FRONT DOOR.

A: WHEN I ENTERED THE FRONT DOOR, I IMMEDIATELY NOTICED THAT THE HOUSE WAS IMMACULATE. VERY WELL KEPT. NICE FURNITURE. EVERYTHING APPEARED TO BE IN ITS PLACE.

Q: DID YOU LOOK THROUGH THE GROUND FLOOR PART OF THE RESIDENCE?

A: YES.

Q: I HAVE HAD MARKED AS COURT’S EXHIBIT 43 ANOTHER PHOTO DISPLAY BOARD. IT’S LABELED AT THE TOP “WESTERFIELD RESIDENCE DOWNSTAIRS.” AND IT APPEARS TO BE A FLOOR PLAN. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE, DETECTIVE KEENE?

A: IT LOOKS FAMILIAR, YES.

(DIAGRAM MARKED TRIAL EXHIBIT NUMBER 43 FOR
IDENTIFICATION.)
/ / /

BY MR. DUSEK:

Q: WHAT DOES IT APPEAR TO BE?

A: IT APPEARS TO BE THE FLOOR PLAN OF DAVID WESTERFIELD’S HOUSE. THE LOWER LEVEL.

Q: AND WE HAVE VARIOUS ROOMS IDENTIFIED ON THAT EXHIBIT. DO YOU SEE THAT?

A: YES.

Q: DO YOU SEE THE APPROXIMATE LOCATION OF THE FRONT DOOR FOR THE RESIDENCE?

A: YES.

Q: DO YOU HAVE YOUR POINTER STILL THERE WITH YOU?

A: YES, I DO.

Q: WOULD YOU POINT THAT OUT, PLEASE, AND DESCRIBE HOW THAT’S IDENTIFIED ON THE DIAGRAM.

A: THE FRONT DOOR AREA IS THE GRAY AREA RIGHT AT THE — WHAT’S LOCATED AS A PORCH. THE FRONT DOORS ARE THE TWO LIGHT GRAY AREAS THAT ARE FACING INWARD INTO THE HOUSE.

Q: AND AS YOU ENTER INTO THE HOUSE, WHAT ROOM DO YOU GO TO?

A: THIS IS ACTUALLY A SMALL FOYER AREA I GUESS AND THIS PARTICULAR WALL INDICATED BY THIS DARK BLACK LINE IS APPROXIMATELY THE SAME, ACTUALLY MAYBE A FOOT SMALLER THAN THE JURY WALL THERE. IT’S JUST ABOUT A THREE-FOOT WALL. AND THEN FROM THERE YOU WALK INTO WHAT’S DESIGNATED AS THE LIVING ROOM.

Q: THE HALF-WALL OR THE THREE-FOOT WALL THAT YOU ARE TALKING ABOUT APPEARS TO BE ON THE DIAGRAM DIRECTLY BELOW THE DOUBLE-DOOR ENTRYWAY.

A: IT’S —

Q: THAT’S ON THE DIAGRAM.

A: OH, YES. DIRECTLY BELOW IT.

Q: THE LIVING ROOM, DESCRIBE IT.

A: AGAIN IT WAS VERY CLEAN, VERY NICE FURNITURE, NOTHING APPEARED TO BE OUT OF PLACE.

Q: DESCRIBE HOW YOU SEARCH OR LOOK THROUGH THE LIVING ROOM.

A: WE DIDN’T ACTUALLY SEARCH. WAS MORE OF A CURSORY WALKTHROUGH. WE JUST — THERE WAS NOTHING REALLY TO LOOK AT IN THE LIVING ROOM. WE WALKED THROUGH. I NOTED THAT ON TOP OF THIS SMALL WALL WAS A MISSING FLYER OF DANIELLE VAN DAM, A BLACK-AND-WHITE FLYER.

Q: THAT WAS ON THE HALF-WALL?

A: THAT WAS ON THE HALF-WALL.

Q: FROM THE LIVING ROOM WHERE DID YOU GO?

A: FROM THE LIVING ROOM I BELIEVE I WALKED THROUGH THE SMALL CORRIDOR INTO THE AREA BETWEEN WHAT IS THE FAMILY ROOM AND THE DINING ROOM, KIND OF GLANCED AROUND THAT AREA, AND THEN WALKED OUT THE REAR DOOR INTO THE PATIO AND BACKYARD AREA.

Q: WHO WAS WITH YOU?

A: I INITIALLY WALKED OUT BY MYSELF. I BELIEVE MR. WESTERFIELD AND DETECTIVE PARGA BOTH STEPPED OUT A FEW SECONDS LATER.

Q: HAD YOU OPENED ANY DOORS OR DRAWERS OR CLOSETS UP TO THAT POINT?

A: NO.

Q: DID YOU SEE ANYTHING OUT BACK?

A: SWIMMING POOL, A FAIRLY NICE MANICURED BACKYARD.

Q: FROM THE BACKYARD WHERE DID YOU GO?

A: FROM THE BACKYARD I RE-ENTERED THE HOUSE THROUGH THE BACK DOOR. I BELIEVE I WALKED THROUGH THE KITCHEN AREA TO A SMALL AREA BETWEEN A STAIRWAY THAT GOES UPSTAIRS AND LIKE A LAUNDRY AREA THAT GOES OUT INTO THE GARAGE.

Q: WERE YOU WITH ANYONE AT THAT TIME?

A: DETECTIVE PARGA WAS WITH ME. MR. WESTERFIELD WAS WITH ME. AND I BELIEVE SERGEANT WRAY HAD KIND OF STEPPED RIGHT INTO THIS AREA AND WAS JUST STANDING THERE.

Q: AND THAT AREA APPEARS TO BE IN THE REGION OF THE LAUNDRY AREA GOING FROM THE KITCHEN TO THE LAUNDRY AREA.

A: CORRECT.

Q: DID YOU NOTICE ANYTHING IN THE LAUNDRY ROOM?

A: I JUST VAGUELY REMEMBER SEEING A STACK OF SOME SORT OF LAUNDRY LYING ON TOP OF ONE OF THE MACHINES. I CAN’T TELL YOU WHETHER IT WAS THE — IT WAS THE CLOSEST MACHINE TO THE GARAGE, BUT AT THE TIME I COULDN’T TELL YOU IF IT WAS THE WASHING MACHINE OR THE DRYER.

Q: CAN YOU RECALL THE TYPE OF ITEMS THAT WERE THERE?

A: FROM MY OWN RECOLLECTION, NO. I JUST — AS I WALKED PAST, OUT MY PERIPHERAL VISION I SAW SOMETHING THERE.

Q: LET ME SHOW YOU WHAT WE’VE HAD MARKED AS COURT’S EXHIBIT 45. A PHOTO DISPLAY BOARD LABELED AT THE TOP “WESTERFIELD RESIDENCE LAUNDRY ROOM.” IT HAS FIVE PHOTOGRAPHS LABELED A THROUGH E.

Q: NOW, THERE APPEAR TO BE SOME NUMBERS ON THE ITEMS IN THESE PHOTOGRAPHS. WERE THEY THERE WHEN YOU WENT THROUGH?

A: NO.

Q: THAT’S SOMETHING SOMEBODY ELSE PUTS ON LATER?

A: THAT IS CORRECT.

Q: THE CONDITION OF THE LAUNDRY ROOM AND THE MACHINES AND THE CLOTHING AND OTHER ARTICLES THERE, DO YOU KNOW WHETHER OR NOT THEY WERE IN THAT CONDITION WHEN YOU WERE WALKING THROUGH THE HOUSE?

A: NO, I DO NOT BELIEVE THEY WERE IN THAT CONDITION WHEN I WALKED THROUGH THE HOUSE.

Q: WHAT DO YOU REMEMBER THE CONDITION BEING?

A: WELL, I REMEMBER SOMETHING BEING STACKED ON THE MACHINE WITH THE NUMBER SIX ON IT. AND, AGAIN, FROM MY INDEPENDENT RECOLLECTION, IT SEEMS TO ME THAT IT WAS KIND OF A TAN-COLOR OBJECT. IT WAS NOT, YOU KNOW, THE CLOTHES THAT ARE LAYING THERE NOW.

Q: YOU ARE SAYING TAN OBJECT. HOW BIG OF AN OBJECT OR CAN YOU GIVE US ANY FURTHER DESCRIPTION?

A: I REALLY COULDN’T.

Q: HOW ABOUT THE REMAINDER OF THE PHOTOGRAPHS DEPICTING HOW THE LAUNDRY ROOM WAS; DOES ANYTHING ELSE LOOK FAMILIAR OR LOOK DIFFERENT FROM WHEN YOU WALKED THROUGH?

A: WELL, NEITHER OF THE MACHINES WERE OPEN AS THEY ARE DEPICTED IN THE PHOTOGRAPHS.

Q: DID YOU LOOK INSIDE THE MACHINES?

A: NO.

Q: DID YOU NOTICE ANY ODOR OR SMELL IN THE LAUNDRY ROOM?

A: NO.

Q: FROM THERE WHERE DID YOU GO?

A: FROM THERE WE WALKED UPSTAIRS.

THE COURT: COUNSEL, I THINK WE BETTER TAKE THE MORNING RECESS.

LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS, NOR FORMULATE ANY IMPRESSIONS OR DISCUSS ANY OPINIONS REGARDING THE CASE UNTIL IT’S SUBMITTED TO YOU FOR DECISION.